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(영문) 부산지방법원 2017.06.15 2016고단8625
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2016, around 08:14, the Defendant was on board a F bus at a bus stop located in Yangyangnam-si, Yangyang-si, and was living in a air-line room. On September 1, 2016, the Defendant: (a) the victim G (V, 40 years old) who was living in the said bus was pushed about the body of the victim; and (b) the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her part; and (c) the victim turned

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of the photographic Acts and subordinate statutes;

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on criminal facts;

2. Selection of penalty penalty:

3. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the following reasons for sentencing).

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

5. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In a case where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of new information, 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 to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The reason for sentencing is that the defendant is sentenced to a suspended sentence of imprisonment with prison labor for the same kind of crime in 2013.

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