beta
(영문) 수원지방법원 2015.10.22 2015고단4037

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 May 28, 2015, the Defendant: (a) around 05:15, the Defendant was in the c sawna located in the wife B, and (b) around the victim D (n, 20 years of age) who was divingd, and was in charge for about 30 seconds.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. E statements;

1. On-site photographs;

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

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. In light of the time when an indecent act was committed on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed, the sentence shall be determined as ordered in consideration of the following factors: (a) the victim is likely to have a great mental impulse and sense of sexual shame in light of the situation at the time; (b) the victim was not used; (c) the criminal act in this case was committed even though there was a previous conviction; (d) the defendant is against his/her own crime; (e) the defendant is committed; (e) the level of his/her indecent act was committed; and (e) the age, character and conduct and environment of the defendant

Where a conviction becomes final and conclusive on a crime subject to registration of a sex crime subject to the obligation to submit personal information, 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 is obligated to submit personal information to relevant agencies

The age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which can be achieved due to such order, and the protection of the victim.