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(영문) 수원지방법원 안양지원 2018.04.20 2017고단1600
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 23, 2017, from around 17:50 to 18:21, the Defendant committed an indecent act against the victim in means of public transportation by making up the victim's left ambs and bucks between the victim's left ambs and bucks in the train of subway No. 4 on the left side of the victim D (in the train, 17 years old) in the subway No. 4 located in the subway No. 17 to the station of the Party located in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes to the F Statements;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 21(2) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse - Unfavorable circumstances: The fact that the nature of the crime is inferior in light of the background and content of the crime committed against the victimized party, the degree of continuance, the circumstances after the crime, etc. - favorable circumstances: Where a conviction against the accused on the criminal facts in the judgment that the accused is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 is obliged to submit personal information to the related agency pursuant to Article 43 of the same Act

When considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, and the effect of the victim protection, in a comprehensive manner.

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