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(영문) 전주지방법원 2020.09.16 2020고단358
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 18, 2019, around 07:40 on September 18, 2019, the Defendant boarded the bus bus (F) boarding the victim D (name, leisure, 18 years old) at the bus stops near the C convalescent located in YY-gu, YY-si, YY-si, and substituted the Defendant’s buckbuck area with the victim’s bucks where the victim was seated.

Madbbucker repeats the Defendant’s sexual flag against the victim’s buckbucks

The victim was indecent in a densely concentrated place, such as repeatedness of the public.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to police statements made to D;

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

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. The grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 59-3(1) of the Act on Welfare of Persons with Disabilities are as follows; and the Defendant’s age, character, character, environment, occupation, family relationship; motive and consequence of the crime; and the circumstances after the crime, etc. shall be comprehensively considered and determined as the order.

- The nature of the crime committed by indecent act against the juvenile victim in the bus is poor.

- The victim seems to have been seriously shocked and the defendant's strict punishment is desired.

- The accused is the first offender that is led to confession.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant shall be subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment,

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