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(영문) 서울북부지방법원 2018.06.29 2018고단1108
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 2, 2018, around 08:10, the Defendant: (a) laid down his body near the passenger’s B (V, 16 years of age) moving to the 151st subway station located in the Eastern Station Cultural Park located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to the 248-ro, Jung-gu, Seoul; and (b) laid down his body in the front line of the subway 4 that moves to the 151st century; and (c) laid down his body in the vicinity of the victim B (V, 16 years of age); and (d) laid the victim’s her son’s her

Accordingly, the defendant committed indecent acts against the victim in public means of transportation which are densely concentrated places by the public.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared B;

1. Letters of arrest;

1. Application of Acts and subordinate statutes to a report on investigation (the time and place of crime);

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to provide community service;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

I think)

In light of the circumstances favorable to the defendant, the reason for sentencing recognized the defendant as substitute for the crime of this case, and the defendant has been making efforts to prevent recidivism by himself through mental and medical treatment, the fact that the defendant had been already sentenced to a fine twice as the same kind of crime, even though he had been already sentenced to a fine, has committed the same kind of crime, the defendant has committed the crime under the same law.

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