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(영문) 창원지방법원 진주지원 2018.09.11 2018고단94
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2017, at around 23:40, the Defendant: (a) operated from a bus bus in the city in the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city

Accordingly, the Defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. On-site photographs;

1. A report on investigation (attaching photographs);

1. A criminal investigation report (attaching a list to handle reported cases) (112);

1. Application of statutes to a survey conducted before a request for an attachment order is made;

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), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - Where this judgment becomes final and conclusive, the accused who is led to the confession of a crime and the registration of reflect personal information constitutes 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, is obliged to submit personal information to the competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, severity of crime and crime, the degree and anticipated side effect of the Defendant’s disadvantage due to the notification order, the preventive effect of sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is subject to Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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