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(영문) 서울중앙지방법원 2016.07.22 2016고단2182
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four 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 March 29, 2016, around 18:38, the Defendant committed an indecent act on the part of the public means of transportation in the way of spreading the victim's her arm's length, extending back to the victim's her arm's length, while moving from the subway 2 line E line in Gangnam-gu Seoul Metropolitan Government to the F basin, after the victim G (n, 24 years old)'s age, etc., in the electric-dong car operated from the subway 2 line E line in Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A criminal explanatory note;

1. Application of the Acts and subordinate statutes to photographs by cutting a video backup business CD and a video camera;

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

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

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the Grounds of the Punishment, etc. of Order to Attend the Criminal Procedure and the method and form of the instant crime, the Defendant’s age, sex, family environment, and circumstances before and after the instant crime were determined by comprehensively taking account of the following factors and the sentencing conditions as stated in the arguments.

After committing the crime in this case, the defendant committed the crime in a timely manner and committed the crime in violation of the victim's will to commit the crime in this case, and tried to receive psychological treatment for sexual addiction and volunteer service activities, and committed two identical crimes in 2015. The victim has been punished by a fine through a consolidated trial. The victim, through his attorney-at-law, expressed that he did not have the intention of agreement while avoiding severe mental anxiety, and confirmed the conviction of the crime in the judgment, which is a sex crime subject to registration and submission of punishment, the defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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