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(영문) 수원지방법원 안산지원 2016.06.17 2016고단1737
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 14, 2011, 07:20, the Defendant committed an indecent act on the part of the victim D (V, 29 years of age) who was sitting in the seat of the passenger seat in the B C public transport bus belonging to the Gyeongwon-si, Seoul Special Metropolitan City, which is located in the signal apartment located in the Sinsi-dong 1867-3, and operated to the Ansan-si Station located in the 377-1 Sinsan-dong, the Defendant committed an indecent act on the part of the victim through a public transport bus, which is a public transport vehicle, for about five minutes until he passes the Sindong-dong church located in the Sinsi-dong, Ansan-dong, Seoul Special Metropolitan City.

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 Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution ( though there are many records of punishment for the accused, consideration shall be given, such as the confession and reflectability of the accused, and the fact that the accused has no record of punishment exceeding the fine without previous convictions);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to attend a school is issued;

1. Where a conviction against each of the facts stated in the judgment that constitutes a sex crime subject to registration and submission of new information is finalized, the defendant becomes 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 subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children Juveniles from Sexual Abuse (no such previous information shall be disclosed or notified, taking into account family relationship, personal situation, etc.) and is obligated to submit personal information to the head of a competent police office pursuant to Article 43 of the aforesaid Act.

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