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(영문) 의정부지방법원 2017.01.09 2016고단4716
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 October 24, 2016, from around 08:30 to around 08:35 on the same day, the Defendant committed an indecent act against the victim in the subway dong-dong, a place where the victims of the sexual organs were pushed down in the front line of subway No. 1 located in the Dobong-ro 363, Dobong-gu, Seoul, Seoul, which was operated as the Dobong-ro 964-33, in the Dobong-ro 1, the Dobong-ro, Dobong-gu, Seoul, in the front line of subway No. 964-33.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Letters of arrest;

1. Application of criminal video CD-related Acts and subordinate statutes;

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 community service order under Article 62-2 of the Criminal Act;

1. The act of continuously undermining the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed in the subway on the grounds of the sentencing, such as the instant crime, resulting in a crime committed in the subway, thereby committing a temporary indecent act committed in the subway, thereby undermining the victim’s mental impulse, so imprisonment is inevitable

The defendant also has 16 times criminal records.

However, considering the fact that there are no criminal records of the same kind and this court recognizes the crime and repents, the execution has been suspended at this time and the community service order was added in addition to the lecture order.

In addition, the sentencing conditions that are disadvantageous to the defendant, such as the age, sex, and circumstances after the crime, shall be considered, and the punishment shall be determined as per the order.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, order of disclosure or notification of personal information shall be the defendant's age, occupation, risk of recidivism, method and seriousness of the crime.

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