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(영문) 서울남부지방법원 2014.08.08 2013고단4223
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for 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

피고인은 2013. 10. 4. 18:25경 서울 지하철 1호선 구로역과 가산디지털단지역 사이를 운행하는 광운대발 서동탄행 제493호 지하철 안에서 객차 안이 혼잡한 틈을 이용하여 피해자 B(여, 20세)의 등 뒤에 바짝 붙어 서서 피고인의 성기 부위를 피해자의 엉덩이와 허벅지에 밀착하여 약 5분 동안 비벼댔다.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to a photographic by cutting a video on the scene of crime;

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 grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend, despite the fact that the defendant had been sentenced to a fine for the same kind of crime on May 31, 2010, the fact that the crime of this case was committed, the fact that it is not agreed with the victim, the degree of indecent act committed by the crime of this case, the circumstances, means, methods, results, etc. of the crime

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to related agencies pursuant to

The age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the effect of protecting victims.

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