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(영문) 서울북부지방법원 2018.09.20 2018고단2911
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The punishment of the accused shall be set forth in six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:20 on May 12, 2018, the Defendant used the part of buckbucks in the front line of subway No. 1, which was operated from the Cheong-ri Station located in 205, Dongdaemun-gu, Seoul, Dongdaemun-gu, to the Mandong Station located in 98-2, Nowon-gu, Seoul, for the next seat, and used the part of buckbucks in the victim C (S, 25 years old) who was seated in the next seat.

Accordingly, the Defendant committed an indecent act against the victim on the electric car, which is a place where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of photographs and indecent Acts and subordinate statutes to which victims or suspects were suffering at the time;

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 main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, order for disclosure and notice, and benefit and effect expected by such order, and disadvantage and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, or the Defendant may not be restricted from employment, in full view of the following:

I think)

The reason for sentencing is that sexual humiliation or mental impulses are not less vulnerable to the fear that the victim suffered sexual harassment in the subway.

Although the Defendant had a record of criminal punishment of fines twice due to the same crime in 2007 and 2008, it is highly likely that the instant crime may be punished again.

On the other hand, the defendant seems to have recognized and reflected the crime, and the victim is a person who has suffered damage by mutual agreement with the victim.

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