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(영문) 부산지방법원 2018.11.29 2018고단3808
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

From 08:06 to 08:07 on July 2, 2018, the Defendant used the mixed gap in the IJ passenger KK bus in Busan Dong-gu to 08:07, and used the mixed gap in the IJ passenger K bus, the Defendant’s her sexual flag attached even after the victim L (the victim’s name, female, and age 25).

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 by the police concerning L;

1. Application of CCTV Acts and subordinate statutes;

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;

2. Article 62 (1) of the Criminal Act on the suspension of execution (it shall take into account the records of crimes, circumstances, methods, etc. of crimes);

3. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

4. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) (proviso), Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal records, and risk of recidivism; the disclosure order and notification order of this case; the benefits and effects expected by the employment restriction order of this case; and disadvantages and side effects resulting therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information shall not be issued, and the employment restriction order shall not be issued.

In a case where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of new information, the Defendant 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 submit personal information to the competent agency pursuant to Article 43 of the same Act.

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