logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.27 2018고단3649
공연음란
Text

A defendant shall be punished by imprisonment for six 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 March 8, 2018, at around 20:25 to 20:28, the Defendant openly imprisoned the bus route in front of the victim G (hereinafter the age of 16) who was seated with the second seat in the above bus, even though there was a lot of empty seats in the above bus, as if the bus route was seen in front of the victim G (hereinafter the age of 16) who was seated with the second seat on the right side, and displayed a brupter to the victim and the sexual flag of the brued state.

Summary of Evidence

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. An investigation report (specific bus number of the bus number a victim gets aboard);

1. Investigation report (verification of bus booms images);

1. Application of Acts and subordinate statutes to photographs of gabbbbbbbling, video panping, etc. [ although the defendant denies a crime, the statement of the victim who is a high school student is specifically and consistently reliable, and the situation within the bus at the time complies with the victim's statement, the facts charged are found guilty]

1. Article 245 of the Criminal Act, the choice of imprisonment and punishment for the crime;

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

1. On October 12, 2016, the Defendant, on the grounds of sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by Sexual Crimes, has the record of being notified of a summary order of KRW 2 million for an obscene crime of public performance at the Seoul Central District Court.

The crime of this case is not good by committing the crime, and the victim suffered various damages due to it, in the presence of high school students in the public transport area.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the arguments in this case.

The defendant's age, occupation, risk of recidivism, details of the crime of this case, the process of the crime, and the anticipated side effects of the defendant's disadvantage due to the employment restriction order, the prevention of sex crimes that can be achieved by such order, and the victim.

arrow