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(영문) 서울중앙지방법원 2015.12.11 2015고단6400

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 18:30 on October 15, 2015, the Defendant committed an indecent act against the victim in a way that the victim’s her sexual whistles are tightly attached after the victim C (n, 22 years of age) in order to meet his/her own sexual desire, in order to meet his/her own sexual desire, within the fourth direction of the rapid train at No. 9653 of the Kimpo Navigation, which is operating the subway 9 line section of the subway 9 line.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each report on investigation;

1. Application of the video CD-related Acts and subordinate statutes at the control site;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes 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 Committed to Order, the accused 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

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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, on the ground that there are special circumstances in which the disclosure or notification of personal information shall not be ordered.

The defendant with reasons for sentencing shall be punished by a fine once for the same kind of crime, and one time.