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(영문) 제주지방법원 2013.12.04 2013고단737
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment 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

At around 16:52 on February 26, 2013, the Defendant, at the D bus stops located in Jeju, committed an indecent act on the part of the victim, such as getting in the F route bus belonging to E and sitting in the seat adjacent to G (the age of 24) on the same day as the passenger inside the bus is concentrated on the bus at around 17:00 on the same day, by putting the cre of the victim's strokes under the part of the other victim's strokes, by gathering the strokes, which are close to the part of the victim's strokes.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Application of investigation reports (Analysis of CCTV data on the CCTV of F bus vehicles belonging to the E) Acts and subordinate statutes;

1. Article 11 of the relevant Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) for which the choice of a sentence has been made;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the facts of the crime committed by the defendant, the fact that the defendant has no record of the same crime, and the fact that the defendant has no intellectual ability);

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under which an order to complete a program was wholly amended by Act No. 11556, Dec. 18, 2012; Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which was enforced from June 19, 2013, added a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to a sex offense subject to registration of personal information, and Article 4(1) of the Addenda of the same Act applies retroactively to crimes committed before the above enforcement date, unless a judgment has become final and conclusive, the defendant becomes a person subject to registration of personal information, and the defendant is obligated to submit personal information to the head of the competent police agency or the head of a correctional institution, etc

(b).

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