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(영문) 창원지방법원 진주지원 2019.08.29 2019고단570
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On November 17, 2018, around 19:45, the Defendant, who entered Pyeongtaek-ro 51, was aware of committing an indecent act against the victim B (the name of the victim, the age of 24) in the new subway that entered Pyeongtaek-ro 51, Pyeongtaek-si, and was approaching the victim's back to the following behind the victim, etc., and pushed the victim's sexual flag into the victim's tack.

Accordingly, the defendant committed an indecent act against the victim in the subway, which is a place where public transportation is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The application of Acts and subordinate statutes to photograph the person suspected of escape, photograph of the person suspected of escape, taxi photograph of the person suspected of escape on board, initial investigation report, internal investigation report (case in the currency of the victim), brief map of the crime in the preceding and preceding vehicle, and report on investigation (in the currency of the victim after preparation of the suspect examination record);

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

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. The grounds for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities are poor, considering the fact that the victim wants to be punished disadvantageously, and other records, such as the defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various sentencing as shown in the argument of this case, shall be determined as per the Disposition.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused is a person subject to registration of personal information in accordance with 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

The defendant's age, occupation, risk of recidivism, exemption from personal information disclosure and notification order;

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