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(영문) 서울북부지방법원 2017.04.13 2017고단159
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 16, 2016, around 08:42, the Defendant committed an indecent act on the part of the victim C (n, 29 years old) with his left hand attached to the electric train located in the previous train after the passage of the electric train of Seoul subway No. 4 from the East Station of U.S. and around 08:42, the Defendant committed an indecent act on the victim within the electric train, which is a means of public transportation, by putting his hand under the part of the victim, knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the investigation report (related to the suspect's clothes);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The fact that there is a record of being punished once by a fine due to the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places), which is a sex offense subject to registration and submission of reflect personal information, with respect to the recognition of the crime and the crime subject to registration.

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