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(영문) 수원지방법원 2013.12.20 2013고단5099
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 this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 30, 2013, around 00:55, the Defendant was on board Samsung Francing D seat buses located in Seodaemun-gu Seoul Metropolitan Government, and the Defendant was on the victim’s side knee, and knee, knee, kne, kne, kne, kne on the victim’s right side. On the victim’s side side, the Defendant was on the victim’s left side kne, even though kne, and kne kbbbbbbbbbs on the victim’s right side.

Accordingly, the defendant committed indecent acts against people in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of E and F preparation;

1. Application of Acts and subordinate statutes concerning photographic images;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation;

1. Although the criminal defendant committed the instant crime on several occasions with the same criminal records as the sentencing grounds under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order to complete education, the defendant seems to have committed the instant crime at another time, and the age victims suffered a considerable mental shock, there is a need to punish the defendant.

However, the defendant's mistake is divided, the defendant's legal representative agreement, the attitude of the act alone does not focus on the degree of the indecent act in this case, the defendant recognized that there is a sexual impulse disorder caused by alcohol after the case, and continuously receives mental and medical treatment, and the defendant is under favorable circumstances such as the fact that there is no sentence to be sentenced, and the punishment shall be determined as ordered by taking into account all the conditions of sentencing, such as the part and degree of the indecent act, the defendant's age, character and behavior, environment, and circumstances after the crime.

registration of personal information;

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