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(영문) 수원지방법원 안양지원 2016.03.30 2015고단1443
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2015, the Defendant discovered the victim E (25 3,00) boarding the village bus in front of the Gu C in Ansan-si around 22:15, the Defendant committed an indecent act on the victim in the village bus, which is a means of public transportation, in a way that the victim’s body and her base contact with the victim as the victim’s body were closely concentrated after the victim’s boarding, and the passenger was populated.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes as a result of the CCTV CD recycling;

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. Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to attend a lecture or community service order, the degree of indecent conduct on the grounds of sentencing is serious, and thus, the victim seems to have a sense of shame and suffering is expected to be serious. Nevertheless, the defendant denies the crime and does not entirely reflect the crime up to this court, and the defendant is sentenced to six months in prison, but the execution of the sentence shall be suspended in consideration of the fact that the defendant is the initial offender, and the sentence shall be sentenced as ordered to prevent recidivism. In the event the conviction of the defendant against the registration of personal information becomes final and conclusive, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit

However, it can be said that the defendant has no criminal history of the same kind, and only with the registration of personal information can prevent recidivism to a certain extent.

In light of the fact that there is a special reason not to disclose personal information.

Since it is judged, it does not issue an order to disclose registered information.

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