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(영문) 인천지방법원 부천지원 2018.10.10 2018고단2073
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 April 19, 2018, from around 08:16 to around 08:25 on the same day, the Defendant committed an indecent act against the victim by way of closely exposing his sexual organ on the part of the victim E (Ga) within the 8-1 square column of the electric vehicle (D), which is operating the new village section from the line Hong-ray of Seoul subway 2 to the new village station.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Community Service or Order to attend a lecture;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime;

- On August 20, 2010, the Defendant was sentenced to a fine of two million won for a crime of violation of the Act on the Punishment, etc. of Sexual Crimes (Indecent Acts in Advanced Places) at the Seoul Central District Court on August 20, 201, and on December 3, 2010, to imprisonment with prison labor for six months and two years for suspension of execution for the same crime in the same court.

Nevertheless, the crime of this case has been committed in the same manner. - In addition, the crime of this case is very bad due to the crime of which unaware women are the object of meeting their sexual needs.

The degree of indecent conduct is not easy.

- The victim duplicatedly insulting, hump, displeasure, and shameed.

The defendant is punished for the defendant.

- After the commission of the crime, the victim was discovered to the victim, but the victim was not subject to death.

- The defendant seems to repent his mistake.

When a conviction on a sex offense subject to the registration of personal information becomes final and conclusive, the accused shall be punished for the sexual crime.

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