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(영문) 부산지방법원 2019.04.29 2019고단415
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 September 24, 2018, around 21:30 on September 24, 2018, the Defendant discovered the victim D (the age of 26) that passed from the route of the transfer to the port of the victim in the C subway Station 1 in Busan Jin-gu, Busan, and used the victim's hand to the port of the victim.

Accordingly, the defendant committed an indecent act against the victim in the subway station, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. CCTV closure photographs;

1. Application of Acts and subordinate statutes to investigation reports (to hear the F Telephone Statement of Witnesses);

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

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

4. Where a conviction against a defendant is finalized in relation to the criminal facts stated in the ruling to register and submit personal information of the head sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to

In full view of the Defendant’s age, occupation, family environment, social relationship, motive for committing the instant crime, method and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the effectiveness of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant shall not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

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