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(영문) 대전지방법원 2021.01.15 2020고단4624
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 20, 2020, the Defendant: (a) moved to the bus stops in front of the Seo-gu Public Health Center, Seo-gu, Daejeon, Seo-gu, Daejeon on July 20, 2020; (b) followed by the victim D (name, leisure, age 28) who was viewed from mobile phones, was pushed to the her her fel, who suffered from the Defendant’s sexual organ.

Accordingly, the defendant committed an indecent act on the victim in a public transport bus.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and observation, community service order and the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing of Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Welfare of Persons with Disabilities Act, when the defendant was punished by a fine of three million won for the same crime on May 23, 2019, the defendant committed the crime in this case; the fact that the defendant did not receive money from the injured; Provided, That the defendant was found to have erred and against the defendant; the defendant's age, sex, motive, means and consequence of the crime; the defendant's motive and consequence of the crime; and the circumstances after the crime, etc. shall be determined as per the disposition as ordered in consideration of all the circumstances.

Where a conviction against a defendant on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, result and crime is exempted from disclosure order and notification order.

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