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(영문) 수원지방법원 안양지원 2016.11.30 2016고단1341
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four 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

At around 07:45 on April 19, 2016, the Defendant committed an indecent act against the victims in the means of public transportation on a total of five occasions, including the following five occasions: (a) from May 27, 2015 to May 11, 2016, the Defendant committed an indecent act against the victims in the means of public transportation, which is marked in the list of crimes in the attached Table, i.e., the front line of 1 line, which runs from the Annyang-gu Mang-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to B (tentative name), C (tentative name), and D (tentative name);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning Crimes and the Selection of Penalties;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend - The severity of indecent act is significant in light of the frequency, period, etc. of the crime, and the fact that there is a criminal record of a fine due to the crime of indecent act by force in around 2008 - The fact that there is a reflective error, that there is a disability of class 3 in mental retardation disorder, that the victim does not want punishment for the defendant - Other circumstances: Where a conviction against the defendant becomes final and conclusive on the criminal facts in the judgment that the defendant is liable to register personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and that the defendant is a person subject to registration of personal information under Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details and motive of the crime, exemption from personal information disclosure or notification order.

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