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(영문) 수원지방법원 안양지원 2016.09.28 2016고단644
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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 14, 2016, the Defendant committed an indecent act against the victim in any means of public transportation on the following grounds: (a) the Defendant committed an indecent act on the part of the victim B (S, 21 years old) who was in his/her seat in the train of the line No. 4 from the irrigation station of the subway No. 4 to the subway No. 4; and (b) the victim B (S, 21 years old) who was in his/her seat in the train of the subway No. 15:30 on March 14, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (tentative name);

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Order to Attend - Unfavorable circumstances: (a) after around 2011, the Defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act, on the ground that a conviction against the Defendant on the criminal facts that constitute a sex offense subject to registration and obligation to submit personal information is confirmed, including the fact that the previous conviction due to a sexual crime is up to four times (one time of actual punishment, three times of fines), the fact that the injured was not available from the injured party; and (b) the degree of the prosecution is relatively heavy; and (c) the defendant is convicted of the Defendant on the criminal facts subject to registration and obligation to submit personal information.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effect and effect of a sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the protection of children and juveniles against sexual abuse.

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