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(영문) 서울북부지방법원 2017.09.21 2017고단3209
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

피고인은 2017. 7. 3. 07:57 경 서울 중랑구 사가 정로 393 지하철 7호 선 사가정 역에서 군자 역 방면으로 운행하는 전동차 안에서 피해자 B( 여, 32세) 의 등 뒤에 바짝 붙어 서서 피고인의 성기를 피해 자의 엉덩이에 밀착시켜 약 5분 간 비벼댔다.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of investigation reports (in relation to a suspect, the application of Acts and subordinate statutes, such as the visual images, CCTV images in the Nowon Station No. 7 of the subway station, and the closures of related visual images, etc.);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The defendant shall be punished for sexual crimes in the event that a conviction becomes final and conclusive on the facts constituting a sex offense which is subject to registration and submission of personal information, which is the recognition of a crime and reflectivity, which is agreed with the victim, and which is a sex offense subject to registration.

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