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(영문) 서울중앙지방법원 2015.01.16 2014고단8221
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

1. On July 24, 2014, from around 09:11 to 09:13, the Defendant committed an indecent act against the victim in means of public transportation, such as: (a) the Defendant committed an indecent act on the part of the victim, on the part of the victim who suffered a test color car, attached the part of the Defendant’s sexual flag to the victim’s macker, in the front line of subway 2, which had been operated as a scambing scam in the Seoul Southern East-gu Seoul Southern Metropolitan City area.

2. On July 24, 2014, from around 09:13 to 09:15, the Defendant committed an indecent act against the victim in means of public transportation, such as: (a) the Defendant committed an indecent act on the part of the victim in any means of public transportation, such as: (b) the part of the Defendant’s sexual flag attached to the victim’s influort women who suffered fluorts, which took part of the victim’s fluort.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to photographic crimes committed against indecent acts;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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. Probation under Article 62-2 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 committed by the Defendant is that the Defendant has no right to institute a prosecution once with the previous case, a single fine, and a single suspended sentence is unfavorable.

However, the defendant is detained in the instant case and has been detained for more than two months, and the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, etc. shall be determined as per the order, comprehensively taking into account the following factors.

The defendant is subject to the defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime of this case, order of disclosure or notification of personal information disclosure or notification.

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