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(영문) 수원지방법원 2017.06.30 2016고단5820
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 14, 2016, the Defendant committed an indecent act on the part of the victim C (the age of 19), who was sitting on the side of the passenger bus of the passenger of the day he was seated on the Young-dong Highway, located on the two sides of the wife population at Chicago-si, Seoul, on September 14, 2016, on two occasions by hand, on the part of the victim C (the age of 19).

Summary of Evidence

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (investigation, such as telephone conversations of a victim and the appointment of a counsel for national ships);

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 (see, e.g., the degree of indecent act in this case is relatively minor and considering the initial crime that has no record of criminal punishment in the Republic of Korea);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is difficult to expect a foreigner to smoothly implement an order to attend a lecture due to the lack of communication in Korean language and it is also difficult to achieve

Since there is a special circumstance in which an order to attend a course is not possible, and if a conviction becomes final and conclusive on the facts stated in the judgment that is a sex offense subject to registration and submission of new information, 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 to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc., the punishment of sexual crimes shall be imposed.

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