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(영문) 서울서부지방법원 2015.12.10 2015고단2032
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant around 17:44 on May 18, 2015, around 17:5.17:44, the defendant, who was seated next to a metropolitan bus No. 500 that was operated through the bus stop located in Yongsan-gu Seoul Metropolitan Government, was placed on the knee of the defendant, knee of the victim C (V, 23 years of age) who was seated next to the metropolitan bus No. 500, and got off the victim's bridge by inserting his hand below.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation which are densely concentrated places by the public.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing black stuffs and images;

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

1. Article 62 (1) of the Criminal Act;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that constitutes a sex crime subject to the registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive of the crime in this case, method of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure or notification order, the prevention of sexual crimes subject to registration which may be achieved thereby, the effect of protecting the victims thereof, etc.

The reasons for sentencing are as follows.

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