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(영문) 서울서부지방법원 2018.01.17 2017고단3415
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:50 on October 15, 2017, the Defendant discovered the victim F (22 years of age) in the E buses affiliated with D Co., Ltd., a company operating on the street in front of the Seoul Eunpyeong-gu Seoul Metropolitan City C market and used the victim’s right bucks to the seat seat seated and used twice. As such, the Defendant committed an indecent act in means of public transportation on the part of the victim.

2. The Defendant assaulted the victim G (32 years) who was seated with the seat at the time and place specified in paragraph 1, by putting the victim G (32 years) at one time without any justifiable reason, and assaulted the victim F at one time at the right buck.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (referring to an indecent act in a densely concentrated place) and Article 260 (1) of the Criminal Act on the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (In light of the circumstances, such as the fact that he/she reflects his/her mistake, that he/she has no record of punishment other than double-class fines, and that he/she has received mental treatment and health conditions, etc.);

1. Where the judgment of conviction in this case becomes final and conclusive due to the violation of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Registration of Personal Information (Indecent Acts at Advanced Places) under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant 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 the

However, there is no record of punishment for the same crime, and only the registration of personal information can prevent recidivism to a certain extent.

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