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(영문) 서울남부지방법원 2015.12.02 2015고단2818

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

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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

The defendant is a person who lacks the ability to discern things or make decisions due to developmental disorder.

On July 3, 2015, the Defendant: (a) discovered on July 17, 2015, the victim C who was seated in the front line of subway line 4 located in the 117 subway line as the Dongjak-gu Seoul Metropolitan Government, and was seated in the front line of the subway line 4 located in the 117-gu Seoul Metropolitan Government, and subsequently, Da Da l committed an indecent act by the victim on the right chest of the female.

On July 23, 2015, the Defendant: (a) around 09:00 on July 23, 2015, 2015, three persons, such as employees, E, and 23 years of age, were seated in the 3-dong Seoul Special Metropolitan City, Gwangjin-gu 3 Dong-gu, Seoul Metropolitan City, and were engaged in an obscene act, such as string off the Defendant’s sexual organ for about 15 minutes; (b) the Defendant was seated in the 3-dong terminal in the 3-dong Seoul Special Metropolitan City, Gwangjin-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A written statement of E and F;

1. Application of Acts and subordinate statutes to express opinions;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 245 of the Criminal Act and the choice of imprisonment, respectively, concerning criminal facts;

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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 suspended execution (including the fact that the defendant has no record of criminal punishment, the age, character and conduct of the defendant, circumstances after the crime, etc.);

1. Where a conviction against a defendant is finalized with respect to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is a sex offense 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 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

An order to disclose or notify personal information.