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(영문) 서울중앙지방법원 2014.07.23 2014고단3407
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2014, around 19:18, the Defendant committed an indecent act against the victim at a public smuggling place, such as breaking the victim C’s lower body part of the Defendant’s body down to the victim’s knife in the subway, while boarding and moving the subway section from the shift station of the Seoul subway 287, which is located at the Seocho-gu Seoul Metropolitan Government Seocho-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

1. Article 62 (1) of the Criminal Act (which reflects the nature of the suspension of execution and is without any previous conviction or heavier);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes was sentenced to a fine of 2.5 million won by the Seoul Central District Court on July 14, 2010. Although the court was issued a summary order of a fine of 3 million won for the same crime at the same court on November 18, 201, it is inevitable to sentence imprisonment with prison labor because the defendant committed the crime in this case, and other sentencing conditions specified in the arguments, such as the defendant's age, family environment, character and conduct, means and consequence of the crime, and circumstances after the crime, become final and conclusive, the defendant is 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.

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, order of disclosure or notification of personal information is given.

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