logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.10.13 2017고단1792
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2017, the Defendant committed an indecent act in a way that the victim D (V, 31 years old)’s mared with 5 minutes by using the Defendant’s hand, etc., within the subway 9-ray train C1-4 cann't be operated in the direction of female mountain, around 08:30, the Defendant committed an indecent act.

Accordingly, the Defendant committed an indecent act against the victim in the electric car, which is a densely concentrated place for the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning visual closures;

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;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant is that the accused commits an indecent act against the victim in the subway used by the public and the nature of the offense is not good, and that the accused did not receive any letter from the injured party is disadvantageous circumstances.

However, in consideration of the fact that the defendant is the first offender, the confession of the crime of this case, and the attitude against him, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the order.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes 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 head of the relevant agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information.

arrow