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(영문) 인천지방법원 2016.03.09 2015고단7831
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2015, at around 07:29, the Defendant committed an indecent act on the part of the victim in the manner that: (a) the victim (n, 28 years of age) kids the victim’s her sexual organ into his her amb, and (b) the victim avoided the victim from moving her amb in the amb in the same way as the victim took her amb and amb in the same way; (c) the victim took her amb and amb in the same way; and (d) the victim took her amb and ambling her sexual organ into amb and power.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 a related agency pursuant to Article 4

In light of 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 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 shall be issued to the defendant.

Reasons for sentencing

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

2. The defendant is punished by a fine of one million won, and the same in 2008 as a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Indecent Acts in a concentrated place) in 2005.

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