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(영문) 수원지방법원 2018.08.16 2018고단3362

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2017, around 05:05, the Defendant, at the soup crying room located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul around December 8, 2017, entered the crying room where the victim D (the victim 31 years old), and committed an indecent act against the victim at a densely-populated place with the victim's hand, by taking the victim's her bum and her chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of investigation reports (CCTV image reading and attachment), video CD-related Acts and subordinate statutes;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. Where a conviction of the accused against the duty to register and submit personal information under Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., there are special circumstances in which the disclosure of personal information may not be disclosed 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, etc. of Children against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.

In this case, even if there was a record of being punished twice due to the same kind of crime for sentencing.