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(영문) 대구지방법원 2018.02.20 2017고단7133
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 7, 2017, the Defendant committed an indecent act by committing an indecent act on the part of the injured party’s left side of his or her sexual flag by committing an indecent act on the part of the injured party’s left side, on the part of the seat seat where the injured party F (n, 20 years of age) was seated, at the bus stops located in Suwon-gu, Daegu Metropolitan City B on December 7, 2017, and the Defendant committed an indecent act on the part of a female victim, who is unable to know the name seated in another seat in the same bus, in the same manner.

2. On December 11, 2017, the Defendant committed an indecent act by committing an indecent act on the right side of the damaged party’s sexual flag while riding in the H bus stop located in Jung-gu Seoul Metropolitan City, Jung-gu, Seoul Metropolitan City, by committing an indecent act on the part of the damaged party, after a female victim’s name is unknown at the seat next to the seat where the victim sits.

Accordingly, the defendant committed indecent acts against victims in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. 112 Case disposition table;

1. Application of Acts and subordinate statutes on internal investigation reports (the attachment of suspect and urban bus boom photographs);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 to relevant agencies pursuant to Article 43 of the same Act

The defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, and order to disclose personal information can be achieved.

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