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(영문) 광주지방법원 순천지원 2014.05.30 2014고단401
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2014, around 02:35, the Defendant: (a) had the intent to commit an indecent act against the victim E (including 23 years of age) that was accumulated in the D hotel soup, domina, domina, domina, and (b) had the victim’s knife in his/her hand after taking advantage of the victim’s knife.

As a result, the Defendant committed soup, which is a place where the public is concentrated, indecent act on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the investigation report (as to the authenticity of the suspect's complaints);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which constitutes a sex crime subject to registration, 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

The reason for sentencing was that the Defendant committed the instant crime even though he had committed the same act of indecent act by compulsion, and did not have been used by the victim.

However, it is decided as per Disposition in consideration of the fact that the defendant is against the crime of this case and the degree of indecent act is not heavy.

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