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(영문) 부산지방법원 2017.02.08 2016고단1867
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 25, 2016, at around 08:00, the Defendant laid the seat beside the victim D (Woo, 20 years old) who was locked at the 71st seat of the 2nd 2nd 2nd 71st , and laid down the left arms to the shoulder of the damaged party, and laid down the hands to the bucks of the injured party. The Defendant laid the bucks of the victim.

Accordingly, the defendant committed an indecent act against the victim in a public transportation train.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A written statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Victims of the Punishment of Sexual Crimes does not relax the degree of indecent conduct against the victims on the grounds of sentencing, and the victim is punished, etc., which is disadvantageous to the defendant, but the defendant has no criminal record of the same kind, while the defendant has no criminal record of the same kind, and is against the depth of the crime, and other conditions of sentencing, such as the defendant's age, sex, environment, circumstances leading to the crime, means and method of the crime, results, etc., shall be determined

Where a conviction of a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of

The extent of disadvantage that the defendant suffers due to the age, occupation, risk of recidivism, type of crime, motive, process, results and seriousness of the crime of this case, disclosure order or notification order, and the degree of disadvantage that the defendant suffers.

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