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(영문) 서울서부지방법원 2016.07.22 2016고단436
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That 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 December 11, 2015, the Defendant: (a) taken a 1 line metal in the Yongsan Station in Seoul, Yongsan-gu (hereinafter referred to as the “Woo”) around December 19:28, 2015 and took advantage of the situation where many passengers are concentrated in the train, carried the body closely to the victim D (V, 20 years of age) who was in front of the train from the previous calendar to the end of the calendar; and (b) took off the body in front of the victim’s right hand, and committed an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order.

4. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture;

1. Unfavorable circumstances: The fact that a person was punished by a fine for the same kind of crime, despite the fact that the person committed the crime in this case, the degree of his/her conduct is not less than that of the other person, and the person who was unable to receive the manual from

1. favorable circumstances: Once a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to registration and submission of personal information in consideration of all the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that a mistake is recognized, the fact that the same criminal record has been committed for more than four years, and that the same criminal record has been committed for more than four years, etc., the defendant 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 defendant is obligated

The age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, and the prevention of sexual crimes subject to registration which can be achieved due to such order.

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