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(영문) 서울중앙지방법원 2019.10.10 2019고단5137
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 16, 2019, at around 18:58, the Defendant, a new distribution in Seocho-gu Seoul Metropolitan Government, stopped in the high speed terminal station located underground 200, 9 lines of subway 9 lines, followed by the victim B (the name of the victim, the female, and the age of 37).

Accordingly, the Defendant committed an indecent act against the victim in the front car, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (attached to a certified transcript, a photograph, a CD, and a caps);

1. Application of Acts and subordinate statutes to a report on investigation (a statement attached to a victim);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

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

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is that the defendant has been punished as a fine for the same crime as this case, and that the defendant commits an indecent act in a manner that helps the victim wear his sexual organ in the subway.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant is fully aware of and reflects on the crime, poor family relationship, the age, character and conduct, environment, motive and result of the crime, etc., shall be determined as the order.

Where a judgment of conviction becomes final and conclusive against a defendant on the facts constituting an offense on which he/she has ordered to register and submit personal information, the defendant 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

The risk of recidivism of sexual crimes is low in light of the defendant's age, social relation, details and methods of the crime and circumstances after the crime is committed.

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