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(영문) 수원지방법원 2020.02.13 2019고단7091
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On June 17, 2019, from around 08:17 to 08:21 on the same day, the Defendant started the new station of the Seoul subway No. 1 to the new station of the subway No. 1, and committed an indecent act for about four minutes against the victim, following the victim C (V, 24 years old), waiting for a train in the Gu railway station, following the victim C (V, 24 years old), who was waiting for a train in the Gu railway station, followed by the victim’s body.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the arrival of domestic animals;

1. Application of the Acts and subordinate statutes to a photograph by cutting off a video at the scene of crime;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Where the registration of personal information and the conviction of the accused against whom an order to provide community service or attend a lecture is finalized, the accused becomes a person subject to registration of personal information under 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 of the same Act.

In full view of the Defendant’s age exemption from disclosure and notification orders, type of crime, criminal process, criminal records, disclosure and notification orders, social benefits expected by the employment restriction orders, and the effectiveness of the prevention of sexual crimes and the disadvantages and expected side effects of the Defendant therefrom, etc., the Defendant’s personal information is determined to be disclosed and notified or the Defendant’s personal information should not be ordered to be placed in a child or juvenile-related institution, etc. and welfare facilities for the disabled. Therefore, the punishment of sexual crimes is relevant.

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