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(영문) 서울중앙지방법원 2017.05.23 2017고정516
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 9, 2016, from around 18:24 to 18:31 of the same day, the Defendant, within the electric-dong car that was proceeding in the direction of the 220 subway line located underground in the Dongjak-gu Seoul, Dongjak-gu, Seoul, with a view to using the part of the injured party’s buckbucks, the Defendant was licked on the lower side of the victim D (n, 28 years of age).

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs by capturing a victim E-cap and capturing a fluorous video;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes. Article 11 (Selection of Penalty Penalty)

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the same Act (Article 59(1) reflects the depth of the defendant's wrong recognition, the victim does not want the punishment, there is no criminal history against the defendant, and the degree of conduct

1. proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the principle prohibiting disadvantageous changes is applied in cases where only the defendant requests formal trial)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender who had no record of punishment for a sex offense before the instant crime was committed, and the registration of personal information alone leads to the effect of preventing the recidivism of the Defendant to a certain extent;

It seems that only the defendant shows the formal trial, the prohibition of disadvantageous changes in the case demanding formal trial.

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