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(영문) 서울남부지방법원 2018.07.25 2017고단5676

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 27, 2017, at around 08:35, the Defendant committed an indecent act against the victim on the front line of the passenger vehicle in the front line of the subway No. 2 located in the Guro-gu Seoul Metropolitan City Do Do Do 351, through the string line of passengers located in the front line of the train from the subway No. 351 to the string line of the new string line of passengers (a name, a female, 25 years of age) and attached even after the victim C (a name, a female, 25 years of age).

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of the witness C (alias) and D;

1. Application of Acts and subordinate statutes on crime video;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reasons for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are as follows: (a) the Defendant was sentenced to a suspended sentence due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) the Defendant committed the instant crime even during the suspended sentence period; and (c) the Defendant did not have any effort to recover from damage.

The punishment shall be determined as per the order, in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the accused.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 the head of the relevant agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, disclosure order or notification order of this case is exempted from disclosure order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, and the registration that can be achieved due to such order.