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(영문) 서울중앙지방법원 2016.02.12 2015고단7322

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:00 on September 2, 2015, the Defendant committed an indecent act against the victim on the electric train of subway No. 3, the subway train in Seocho-gu Seoul Metropolitan Government, following the victim E (n, 25 years of age) at the electric train of subway No. 3, which is in the direction of pressure-gu stations.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

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. The reasons for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and Article 62-2 of the Criminal Act are two times, and the Defendant, in lieu of the crime of this case, committed by the Defendant, who committed the crime of this case, seriously reflects his/her mistake and improves character and behavior, paid 7 million won to the victim, and the damaged person does not want to be punished against the Defendant, and all other sentencing factors indicated in the records and changes theory, such as the Defendant’s age, occupation, sex, family relationship, and circumstances after the crime, are considered in consideration of the Defendant’s age, occupation, sex, family relationship, and all other sentencing factors indicated in the judgment that is a sex offense subject to the registration of personal information, and the Defendant is obligated to submit personal information to the related agency pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

The defendant's age, risk of recidivism, type and motive of the crime in this case, process of the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, the effect of protecting the victim, etc. shall be comprehensively taken into account.