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(영문) 서울북부지방법원 2018.12.21 2018고단2142
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight 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 3, 2018, at around 08:30 to 08:40, the Defendant: (a) closely adhered to the body of the victim C (the name of the victim, the 33 years old) within the subway station located in Guro-gu Seoul Metropolitan City moving to a digital short line; (b) laid the victim’s her sexual organ into the macker’s macker; (c) laid the victim’s mack with his macker; (d) laid the victim’s mack with his macker; and (e) laid the victim’s macker’s macker with his left hand.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation which are densely concentrated places by the public.

Summary of Evidence

1. Application of the police's report on internal investigation of the police's statement C (tentatively named) to the witness C (tentatively named) of some of the defendant's legal statement by the defendant to the law applicable;

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. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, even though the Defendant had already been punished by a fine due to the same kind of crime, is again committed the instant crime, and the degree of conduct does not seem to be minor, and the Defendant’s unfavorable circumstances appear to have considerable sexual humiliation and mental impulses due to the instant crime, shall be taken into account, and the Defendant’s age, sex, sex, environment, crime history, criminal records, circumstances, means and consequence, etc. shall be comprehensively considered, and the sentence shall be determined as per the Disposition, by taking into account all the relevant sentencing conditions as shown in the instant records and trial process, such as the circumstances after the crime.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

The defendant's age, occupation, risk of recidivism, and this case is exempted from the disclosure order and notification order.

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