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(영문) 서울중앙지방법원 2013.04.10 2013고단1039
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 of the final judgment.

Reasons

Punishment of the crime

피고인은 2013. 2. 21. 07:00경 서울 중구 B건물 지하 4층 C 찜질방에서, 잠을 자고 있는 피해자 D(여, 17세)의 옆에 누워 피고인의 성기를 피해자의 엉덩이 부위에 밀착시켜 비볐다.

Accordingly, the Defendant committed soup at soup, which is a place of public gathering, indecent act on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to complete Training, the Defendant had been issued a fine of two million won for the same crime on November 28, 2012. The instant crime was committed against a minor victim, and thus, the Defendant is selected to be sentenced to imprisonment.

However, the execution of imprisonment with prison labor for the defendant shall be suspended by taking into account the fact that the defendant does not repeat the crime, the method and degree of the indecent act in this case, and other various conditions of sentencing such as age, character, conduct, family relationship, economic condition, etc. of the defendant, but the defendant shall be given an opportunity to coordinate sexual impulses by issuing orders to probation and sexual assault treatment programs

It is so decided as per Disposition for the above reasons.

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