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(영문) 광주지방법원 순천지원 2015.04.24 2015고단130
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 26, 2014, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse in the Gwangju District Court's net support on June 26, 201, and is still under a suspended sentence of execution after the judgment became final and conclusive on October 3, 2014.

On December 23, 2014, the Defendant: (a) around 18:05, the Defendant: (b) stated the victim D (the age of 22) who was seated next to the C high-speed bus bus that was operated from the Gwangju Gwangju Macheon-si Terminal to the Net Bus Terminal; and (c) stated that “I may live several years of age; (d) the Defendant got off the bus; and (e) caused the victim’s left hand to fall down buckbucks.

Accordingly, the defendant committed an indecent act on people in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (Indecent Acts at Open Place);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which constitutes a sex crime subject to registration, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information

The reason for sentencing is that the defendant reflects the crime of this case, which is favorable to the defendant.

However, the defendant did not know even though he was under suspension of execution due to the same sex crime, and committed the crime in this case.

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