beta
(영문) 서울중앙지방법원 2021.02.16 2020고단6827

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 20, 2020, the Defendant, around 17:53 on March 20, 2020, on the platform 2-2 square meters of the 9 line C (Empo Airport in Gangnam-gu, Seoul) platform 2-2 column, carried a female suffering from a name infinite (a white finite that is presumed to be 30 large spokes) who is boarding in the electric East-gu, Seoul, and pushed off her gender on the part of the female.

In this regard, the Defendant committed an indecent act against the victim of approximately 10 minutes in the electric car in which a large number of outgoing paths is concentrated until the train arrives in the old-surged station.

Summary of Evidence

1. Application of Acts and subordinate statutes to criminal investigation reports (related to securing of material facts, such as oral hearing of the statements of the victim, personal information, etc.) by the defendant's legal statement, investigation report (related to securing of material facts), investigation by the police officer

1. Relevant legal provisions on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) for which the choice of punishment is made (the choice of imprisonment with prison labor);

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

1. If a conviction on the crime committed in the judgment of conviction on the observation of protection, order to provide community service and order to attend a lecture 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 Article 16(2) main sentence of Article 16(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 56(1) main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act, and Article 42(1) of the same Act, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, disclosure and notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure and notification order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which disclosure of the Defendant’s personal information should not be disclosed.

The decision is judged.