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(영문) 청주지방법원 2017.08.10 2017고단362
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 12. 23. 14:50 경 서울 서초구 B에 있는 C 역 앞 버스 정류소에서 D 버스에 탑승하여 피해자 E( 여, 20세) 의 옆 자리에 앉고, 피해자가 잠들자 팔짱 낀 자세로 피해자에게 밀착하여 피해자의 젖가슴을 만졌다.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Notification to the department related to the 112 reported case and report on the internal investigation;

1. Application of Acts and subordinate statutes to photographs by cutting off CCTV images of the buses D (F) by the Gyeongnam passenger;

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. When a conviction on a sex crime subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the same Act, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act, inasmuch as the accused is a person subject to registration of personal information under Article 42(1) of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.

Punishments are suspended for crimes of the same kind for sentencing.

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