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(영문) 부산지방법원 2014.11.05 2014고단5098
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four 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 13, 2014, around 08:12, the Defendant accessed the victim C (V, 16 years of age) who was located on the rear side of the city bus No. 161, which was passed in front of the High Medical Center in the Seo-gu, Seo-gu, Busan, Seo-gu, Busan, and 161.

Thus, the defendant committed an indecent act against the victim in the bus, which is a place of public secrecy.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to report internal affairs;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (In light of the time, place, and method of indecent act, the degree of indecent act and the fact that there is no record of criminal punishment, etc.);

1. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency under

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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