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(영문) 서울중앙지방법원 2015.08.12 2014고단8991

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for not less than three months.

The defendant shall order the completion of the sexual assault treatment program for 24 hours.

Reasons

Punishment of the crime

On August 2, 2014, from around 08:55 to 09:05, the Defendant committed an indecent act against the victim at a “C” club located on the first floor of the Seocho-gu Seoul Metropolitan Government Underground Building, and at a place where the public is densely concentrated, such as by attracting the victim D (V, 25 years old), who had danced at the stage, to the victim D (e.g., female, and 25 years old) who had been living together at the stage, and by attracting the victim to both descendants, and

Summary of Evidence

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be that 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 Committed to Order, and that the defendant has a duty to submit personal information to a related agency pursuant to Article 43 of the same Act, in cases where the conviction of the defendant against the criminal facts subject to registration becomes final and conclusive, taking into account the defendant's age, character and conduct, family relationship, and all of the sentencing factors stated

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

order for any reason above.