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(영문) 부산지방법원 2017.09.11 2017고단2616
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 7, 2017, the Defendant, around 19:10, committed an indecent act by committing an indecent act against the victims in the means of public transportation, by committing an indecent act against the victims of the previous vehicle, by committing an indecent act against the victims of approximately 2 minutes of the previous vehicle, including the victim H (n, 23 years of age), in the electric car operated from the offline of the Seocho-gu Seoul EM subway No. 9 to G room in Seoul, Seocho-gu, Seoul, and committing an indecent act against the victims of approximately 8 minutes of the previous vehicle, until the victim H arrives together his sexual organ to the G room. On the same day, the previous vehicle started at around 19:12 of the same day, after the victim J (n, 23 years of age). The Defendant committed an indecent act against the victims within the means of public transportation, by committing an indecent act against the victims of the previous vehicle, until the previous vehicle arrives in G.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of H and J;

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

2. Fine of 2,00,000 won to be suspended; and

3. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

4. 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.

[Determination]

5. The grounds for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as the following circumstances), the fact that there is no criminal history of the defendant, the fact that the defendant is against the defendant, the defendant paid 5,000,000 won to the victims as consolation money and agreed with the victims, other defendant's age, sex, sex, environment, motive and circumstance of the crime, social relationship, etc.

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