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(영문) 서울서부지방법원 2014.11.26 2014고단2777
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 20, 2014, at around 08:20, the Defendant committed an indecent act against the victims at a non-fring air densely located in the victim D (n, 26 years of age) following the victim C (n, 29 years of age) who is a means of public transportation operated in the direction of Seoul Station in the green bus 701, which is a means of public transportation in the direction of Seoul Station, in the green bus stops located in Eunpyeong-gu Seoul Metropolitan Government. The Defendant contacted the victim's sexual organ on the rear side of the victim C (n, 29 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of laws and regulations on police statements concerning C and D;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning Crimes and the Selection of Penalties;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, in light of the fact that the defendant was sentenced to two times a fine and did not become aware of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and led to the instant crime, it is necessary to strictly punish the defendant.

Provided, That the punishment as ordered shall be determined by taking into account all the conditions of sentencing, such as the confession and reflect of the crime, the age, character and conduct, family environment, motive and method of the crime, circumstances after the crime, etc. of the defendant.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused is 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 is obligated to submit personal information to the competent agency pursuant to Article

The defendant's age, occupation, risk of recidivism, motive for and method of committing the crime of this case, exempted from personal information disclosure or notification order.

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