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(영문) 서울중앙지방법원 2019.01.24 2018고단7349
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 of the final judgment.

Reasons

Punishment of the crime

On October 15, 2018, at around 18:50 on October 15, 2018, the Defendant, a new distribution in Seocho-gu Seoul Metropolitan Government, carried the Defendant’s sexual flag in the victim B (a name, female, 25 years old), even after the rapid operation of subway 9 line in the high-speed terminal station located in the vicinity of 188 to the Silsan Station.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to B (tentative name);

1. Application of the Act and subordinate statutes to investigation report (related to the attachment of a photograph to a source image);

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information, an order to notify, and an order to restrict employment, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the accused has no record of being punished for the same kind of crime, the content and method of the crime, circumstances after the crime is committed, and the risk of recidivism of a sexual crime is likely to be low, and the defendant is deemed to have the effect and effect to prevent recidivism even if he/she takes part in the registration of personal information and taking lectures in the treatment of sexual assault, other social benefits expected by the order to disclose, notify, and take advantage of the effect of preventing sexual crimes, the disadvantage and anticipated side effects of the defendant, etc. resulting therefrom, the sentencing of the defendant's personal information is deemed to have been disclosed or notified, or the defendant's employment restrictions are not imposed by agreement with the victim and the victim.

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