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(영문) 서울남부지방법원 2015.03.30 2014고단5085

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four 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 September 5, 2014, between 07:53 and 07:55, the Defendant: (a) up to the electric car operating the Yangcheon-gu Office for the Yangcheon-gu Seoul subway 2, and (b) up to a congested gap in the surrounding areas of the Yangcheon-gu Seoul subway 2, and (c) up to the end of the victim C (the age of 26), the Defendant collected the left hand from the part of the victim; and (d) caused the victim’s buck and her buck.

As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Relevant legal provisions concerning facts constituting an offense, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor (Consideration of the fact that the accused has been punished for the same kind of crime);

1. Article 62 (1) of the Criminal Act (the probationary measures taken into account that the defendant reflects the error);

1. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive on the judgment that constitutes a sex crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of the disadvantage of the Defendant resulting from such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, the favorable circumstances as seen earlier, etc., the Defendant shall not disclose and 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 to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.