beta
(영문) 서울중앙지방법원 2015.12.09 2015고단3640

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 12, 2015, around 04:30 on April 12, 2015, the Defendant: (a) 2nd soup from the 2nd soup bank of “Drata” located in Dongjak-gu Seoul Metropolitan Government, the Defendant saw the victim into the right side of the victim E (the age of 24) who was divingd, and kiddd up the victim into the right side of the victim E (the age of 24), and kid up the victim’s chest by inserting the hand into the victim’s inner clothes, and led the victim to an indecent act.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes of E;

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;

1. The reason for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes committed on October 17, 2014, and Article 62-2 of the Criminal Act, where the conviction of the defendant against the crime subject to the registration of personal information is finalized by taking into account the defendant's age, occupation, character and conduct, family relationship, circumstances after the crime, etc. and all of the sentencing factors indicated in the oral proceedings and records and arguments, the defendant is subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

The Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the effect of protecting the victim, etc.