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(영문) 울산지방법원 2014.08.14 2014고단1037
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

On March 15, 2014, around 16:02 on March 15, 2014, the Defendant boarded in a closed bus terminal in Gyeonggi-do, and was seated next to the victim C (the age of 35) who was boarding in advance at the water source.

On March 15, 2014, at around 19:40 on March 15, 2014, the Defendant committed an indecent act against the victim by raising the Defendant’s hand on the fucks and raging bucks, by raising the victim’s bucks, who were seated next to the Defendant, at a point of 200 meters in arrival of the monthly 43-1 racing rest area (consan direction).

Accordingly, the defendant committed an indecent act on the victim in a high speed bus, which is a place of public smuggling.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes on indecent conduct, face pictures;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing ground of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant committed the instant crime in spite of the existence of the same criminal history, and that the Defendant appears to have committed an indecent act against the victim within the bus operated, and that he/she would have been sentenced to imprisonment with prison labor due to gross circumstances.

However, the execution of punishment shall be suspended by mutual consent with the victim, taking into account the fact that the victim was the wife of the defendant, the fact that there is no criminal record other than the fine, the illness of the defendant, etc.

Since it is recognized that the risk of recidivism is reasonable, the order to attend the sexual assault treatment lecture is added.

Registration of Personal Information

1. Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be submitted (where a conviction is finalized on each crime committed on the market);

1. Whether to issue an order to disclose or notify to the public: Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 (1) of the same Act, which

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