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(영문) 서울중앙지방법원 2018.11.16 2018고단5283
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 13, 2018, around 08:54, the Defendant 101, as the Seoul Metropolitan City doctor, took in the subway 9 lines of subway 101 as the subway line, and was fluordd by the victim (n, 20 latter half) who was suffering from white fluor while getting in a sudden electric vehicle toward the old-sel station, and was fluord by the victim, and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her s

As a result, the Defendant committed an indecent act on the victim in public transportation, public performance and assembly places, and other densely-populated places.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (a statement of a victim);

1. An investigation report (the field conditions and the process of arrest, and the withdrawal of photographs by cutting down a fluoral image with a photograph;

1. Application of the Acts and subordinate statutes to photograph the dynamic image upon the scene of crime;

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. The reasoning for sentencing under Article 16(2) and Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes committed by Social Service and Order to Attend Course is that the Defendant was issued a summary order of KRW 1 million around October 10, 2003, a fine of KRW 2 million on August 9, 2012, and a summary order of KRW 2 million was issued on May 23, 2014.

However, the defendant does not commit a second offense against the defendant.

The sentence identical to the order shall be determined by comprehensively taking into account the following factors: the defendant's age, sexual conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and all the sentencing conditions shown in the arguments in this case.

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.

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