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(영문) 서울중앙지방법원 2019.10.31 2019고단5925
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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 April 9, 2019, at around 09:07, the Defendant committed an indecent act against the victim in a place where the general public is concentrated by taking advantage of the gap that combines a large number of passengers in the subway 3 lines operating the C Station located in the same Gu in Seocho-gu Seoul with the previous subway 4 lines, which are located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of course photographs and criminal image CD-related Acts and subordinate statutes;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is that the Defendant was sentenced to a fine of one million won at the Seoul Central District Court on November 6, 2013 due to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Smuggling Places), and that the Defendant committed an indecent act against the victim by using the mixed gap in the subway trains, and that the Defendant is not good to have committed an indecent act against the victim by repeating the victim’s her her her her sens, and the victim also sought a strict punishment.

However, the fact that the defendant does not repeat the crime in depth and reflects it, and the defendant's age, character and conduct, environment, motive and result of the crime, etc. shall be determined as the same as the order of the punishment in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime.

Where a conviction against a criminal defendant who is obligated to register and submit personal information becomes final and conclusive, the criminal defendant shall be a sexual crime.

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