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(영문) 인천지방법원 2016.11.23 2016고단6425
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 23, 2016, at around 22:38, the Defendant committed an indecent act, such as putting his/her bridge fast on the bridge of the victim D (one's name, half's age, 20) where he/she was seated and was divingd on the side of the Defendant in a metropolitan bus No. 1400, Incheon Terminal 1400, and putting him/her down with his/her hand on several occasions.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

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;

1. Probation under Article 62-2 of the Criminal Act;

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant 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 is obligated

In order to exempt a defendant from an order to disclose personal information, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose and notify personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. On October 30, 2015, the Seoul Southern District Court sentenced the defendant to four months of imprisonment with labor or one year of suspended execution as he/she violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) at the Seoul Southern District Court, which became final and conclusive on November 7, 2015.

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