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(영문) 서울남부지방법원 2015.10.30 2015고단3891
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On July 21, 2015, the Defendant: (a) around 08:10, around 08:10, around 320, the Defendant: (b) got in front of the reciting playground No. 45 in the front of the reciting playground No. 320, the Defendant: (c) got in front of the Defendant’s left seat; and (d) the Victim’s Lone Star for the purpose of viewing the bridge between the Victim C (FI) who was seated on the Defendant’s left seat; and (c) the Victim’s knee was laid down under the Defendant’s knee and caused the Victim’s knebbbbbbbb.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Photographs, such as buses;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order; the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom; the effect of the protection of the victim; etc. in light of comprehensive consideration, it is determined that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse. Therefore

Where a conviction becomes final and conclusive on the criminal facts that are subject to registration and submission of personal information, the accused shall be a sexual crime.

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