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(영문) 인천지방법원 2014.07.09 2014고단3209

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

Punishment of the crime

On April 14, 2014, at around 08:48, the Defendant committed an indecent act against the victim within the electric effort vehicle, which is located in the subway station 2 located in Seocho-gu Seoul Metropolitan Government, after being pushed back to the victim B (n, 19 years of age) who was populated with the surrounding gap in the subway station 2, which is located in Seocho-gu, by attaching his/her gender at the part of the victim's her mick, while committing an indecent act against the victim within the electric effort vehicle, which is a place of public smuggling

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to a report on investigation (a photograph of a motion picture taken in a criminal manner);

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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act on the confession of the crime in this case and reflects his/her mistake, and there

1. Where a conviction of a defendant against a sex offense 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 is finalized, the defendant 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 defendant is obligated to submit personal information to a related agency

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the Defendant’s disadvantage and expected side effects, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall be determined that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.