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(영문) 서울서부지방법원 2015.05.14 2015고단218
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 29, 2014, around 19:10 on November 29, 2014, the Defendant used two times by hand the left bucks of the victim D (the age of 26) who was seated next to the bus M4102, which was operating the front road of Yongsan-gu Seoul Metropolitan Government.

Accordingly, the defendant committed an indecent act against the victim in a bus which is a place of public smuggling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. A fine of two million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (one-day conversion: one hundred thousand won);

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that the personal information of Article 59(1) of the Criminal Act is to be registered or to be submitted, the accused is a person subject to registration of personal information of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to

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 ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive of the crime in this case, method of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure or notification order, the prevention of sexual crimes subject to registration which may be achieved thereby, the effect of protecting the victims thereof, etc.

The reasons for sentencing are as follows: the overall sentencing conditions shown in the arguments of this case, such as the circumstances and the age, character and behavior, and environment of the defendant.

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