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(영문) 서울북부지방법원 2020.04.17 2019고단3606
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 30, 2019, at around 00:08, the Defendant used the subway line 1, a subway line, which runs from the Cheongyang-ro, Dongdaemun-gu, Seoul Metropolitan Government 205 to the 196th session of the session station at the same session. On May 30, 2019, the Defendant rheepd the victim’s left side buckbucks by seating in the front side of the female victim’s name unclaimed seated.

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Investigation report (verification of suspect images of the crime committed by himself/herself and tracking of CCTV submitted by him/her);

1. Investigation report (verification as to whether the suspect is the same person as the person related to the person belonging to the criminal records);

1. 112 reported case handling table;

1. A photograph of the criminal scene submitted by a witness;

1. Application of the Acts and subordinate statutes on suspect scenes and CCTV video CDs;

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

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

1. The reason for sentencing under the main sentence of Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases concerning the Punishment, etc.”) is that the Defendant was punished by a fine for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in 2015, and that the Defendant committed an indecent act against the victim at the same time and at the same time committed an indecent act on the victim in the previous and previous car.

Other circumstances, such as the age, character and conduct, the environment, the background of the crime, and the circumstances after the crime, which are conditions for the sentencing as shown in the pleadings and records, shall be determined as ordered.

Where a conviction becomes final and conclusive with respect to a crime in which personal information is to be registered and submitted, the defendant is 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 is obligated to submit personal information to the competent agency pursuant to Article 43

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