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(영문) 인천지방법원 2014.11.19 2014고단6408
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 21, 2014, at around 16:40, the Defendant: (a) adhered to the body of the victim C (V) who was in front of the Defendant in the front of the front of the Defendant at subway No. 691-dong No. 691-dong No. 2-4, the Defendant committed an indecent act against the victims in the front of the subway train by taking the victim’s sexual organ into front of the Defendant at the time of the victim’s her malleg, and (b) moving the Defendant to another place; (c) moving the Defendant to another place; (d) moving the victim’s cell line on the left side of the said victim’s cell line; and (e) moving the victim’s body to another place; and (e) moving the victim’s cell line to the victim’s cell line; and (e) pushing the victim’s body subsequent to the victim’s body.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to written E;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2008Do134, Jan. 1, 2008);

1. Where a conviction of the accused is finalized on the facts constituting a sexual crime subject to the obligation to submit 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 is obligated to submit personal information to a related agency

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result and seriousness of crime of this case, exempted from disclosure order or notification order.

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