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(영문) 대구지방법원 2018.08.14 2018고단2781
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four 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

On June 9, 2018, the Defendant moved from the Daegu subway No. 3 around 22:45 to the room of the irrigation area, and the electric trains arrive at the use area located in the 83-ro of the Daegu Suwon-gu waterways, and later the victim C (V, 21 years old) who was her front of the entrance in order to get out of the entrance was her hand at one time.

Accordingly, the defendant committed an indecent act against the victim in the subway, which is a place where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (related to a suspect’s specific purpose) - Application of Acts and subordinate statutes to 1 course photographs;

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 on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 the accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse.

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