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(영문) 서울중앙지방법원 2017.12.22 2017고단6871

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 29, 2017, around 09:58, the Defendant 101, as the doctor of Yeongdeungpo-gu Seoul Metropolitan City on May 29, 201, 201, sent to the front side of the victim D (if the Defendant 9-lined, Ga) in the subway 9-line, which was located in 101, in the subway 9-line of the Seoul Metropolitan City City. The Defendant 2-3 times away from the part of the victim D (if the Defendant 9-lined, Ga).

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of reference by the prosecution concerning D;

1. Application of the Acts and subordinate statutes governing criminal video CDs;

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on criminal facts;

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

1. The reason for sentencing under Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes Committed to Order was that the Defendant was issued two times a summary order due to a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in 2008 and 2012 (an indecent act in a densely concentrated place). On April 21, 2017, he/she was sentenced to a suspended sentence of two years in October and was sentenced to a suspended sentence of ten months in April 29, 2017, and went to the instant crime only in the month of about one month even though the said decision became final and conclusive and conclusive on April 29, 2017, so it is difficult

However, in full view of the following factors: (a) the Defendant reflects the instant crime in depth; (b) appears to have difficulty in impulseing with the Defendant; (c) the degree of prosecution; and (d) the Defendant’s age, sexual conduct, environment, motive and consequence of the instant crime; and (d) all the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the crime.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 submit personal information to the relevant agency pursuant to Article 4

The defendant's age, occupation, and exemption from the disclosure order or notification order;