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(영문) 서울중앙지방법원 2021.01.27 2020고단8012
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 18:32 on October 13, 2020, the Defendant committed an indecent act against the victim, etc., such as putting his her chest on the part of the victim B (a person, fel, 22 years of age) attached to the subway, which proceeds from the subway station in the Nowon-gu Seoul Metropolitan Government Nowon-gu underground 130, to the salt station in the underground 631 in accordance with the airport of Gangseo-gu, Gangseo-gu.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's report on investigation into and reporting to the police's statement B (tentative name) to the defendant's legal statement B (tentative name)

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Protection and Order to attend lectures or community service orders;

1. The Defendant committed a crime against an unspecified female within the transitioned period, and the method of committing a crime is interviewed by the reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act.

In 2015, the Defendant committed the instant crime even though he/she had the record of being sentenced to a suspended sentence of imprisonment due to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in 2017 (Indecent Acts in Public Crows).

In light of the above, the risk of recidivism is reasonable and the defendant should be punished strictly.

However, the defendant recognizes his mistake.

By the unanimous agreement with the victim, the injured person does not want the punishment of the defendant.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions, such as the defendant's age, sex, environment, motive for the crime, degree of conduct, and circumstances after the crime.

A judgment of conviction shall become final and conclusive against the defendant who is obliged to register personal information.

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