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(영문) 수원지방법원 안산지원 2017.08.16 2017고단1441
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four 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 April 19, 2017, the Defendant started from the subway station of 1431, as the border water of the Manan-gu, Snyang-si, Snyang-si, Mannyang-si, the subway station of the subway station of 1431, with approximately nine minutes back to the side of the victim B (n, 35 years old).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes on the closure of a crime;

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant committed the instant crime even though he/she had the record of being sentenced to a disposition of suspension of indictment for the same kind of crime, but considering the fact that the defendant is led to confession

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is 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 provide personal information to the competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, family relation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, the effect of the protection of the victim, etc., there are special circumstances in which the Defendant may not disclose personal information.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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