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(영문) 서울중앙지방법원 2016.09.21 2016고단3570
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2016, at around 07:55, the Defendant was on board the front-time vehicle running from the subway station of Seoul subway No. 9 to the high-speed terminal station station of the Seoul subway No. 130, which was located underground in the Dongjak-gu Seoul Metropolitan Government Nowon-gu on May 18, 2016, and the Defendant was on board the train following the victim C (V, 27 years old). After the Defendant was growing, the Defendant was on board the Defendant’s ship, sexual flag, and knife, and knife the Defendant’s knife.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Shot photographs;

1. Application of the photographic Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Republic of Korea shall be determined by comprehensively taking into account the following specific circumstances and the sentencing conditions of the accused, including the age, sex, home environment, and circumstances before and after the commission of the crime:

If a conviction on the criminal facts in the judgment that constitute a sex offense subject to registration and submission of personal information in the instant crime has become final and conclusive without being aware of personality and behavior after correcting it despite the same record (i.e., a punishment once, twice a decision to dismiss a public prosecution due to the cancellation of a complaint, twice a decision to dismiss a public prosecution, and twice a disposition which has no right to prosecute) that the Defendant would not repeat by agreement with the victim, such as the Defendant being aware of the intention to recognize and reflect the wrongness from the beginning, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The exemption from the disclosure order and notification order is due to the age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, disclosure order or notification order.

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