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(영문) 수원지방법원 2017.06.22 2017고단2532
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2017. 3. 6. 19:00 경 서울 동작구 N에 있는 지하철 9호 선 O 역에서 노량진 역 방면의 급행열차에 승차 하면서 주변이 혼잡한 틈을 이용하여 피해자 P( 여, 28세) 의 뒤에 바짝 붙어 서서 피고인의 성기를 피해 자의 엉덩이에 비벼댔다.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to a criminal investigation report (related to the victim's statement and written consent to the investigation), investigation report (related to the details of enforcement);

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

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

1. When a conviction on the crime of this case is finalized with respect to the observation of protection, community service, and order to attend a lecture, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Sexual Crimes, Article 16(2) and the main sentence of Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under the main sentence of 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

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed 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, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is ordered to disclose to the accused.

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