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(영문) 청주지방법원 영동지원 2017.11.16 2017고단139
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On October 9, 2017, at around 10:10, the Defendant: (a) 10 seated in the 10th seat near the end of the expressway of the Gyeongcheon-si, Kimcheon-si, in the vicinity of the rest area of the Gyeongcheon-si, the Defendant: (b) laid down this eye, and (c) the victim E (in the age of 24) who was seated next to the end while standing in the D high-speed bus, and (d) laid down locked, the Defendant used the creb in order to turn the left arms toward the chest of the damaged, and turned out two or three times the chest by hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. 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 unable to impose an order to attend a lecture on a foreigner illegally staying in Korea, considering the fact that it is difficult to expect the effect of preventing recidivism due to lack of communication in Korean language, etc.

[Determination]

4. In full view of all the circumstances revealed in the trial process, including the background of the instant crime, Defendant’s nationality and status, ordinary character and character, surrounding environment, crime history, and risk of recidivism, as well as the benefits and preventive effects expected by an order of disclosure or notification to the Defendant, as well as the disadvantages and side effects therefrom, the disclosure of personal information may not be disclosed to the Defendant, taking into account the following circumstances: (a) Articles 47(1) and 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure or notification; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse; (c) Articles 50(

[Determination]

When a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of new information, the accused shall be punished, etc. of sexual crimes.

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