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(영문) 인천지방법원 2017.09.06 2017고단5415
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2017, at around 08:10, the Defendant committed an indecent act on the part of the victim, who was attached to the victim B (V, 22 years old), etc. that was located in the difference of passengers in the reverse direction of the 47 subway No. 1, the subway No. 4745, the Guro-gu Seoul Metropolitan Government, in the previous direction of the railroad station between the railroad station and the Gu, and caused the indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the photographic Acts and subordinate statutes;

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

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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

In light of the circumstances and methods of the instant crime, etc., the reason for sentencing does not seem to have suffered mental pain and sexual humiliation due to the Defendant’s act.

Defendant has been punished for the same kind of crime.

Therefore, the defendant is sentenced to imprisonment.

However, the defendant.

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