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(영문) 서울서부지방법원 2017.08.16 2017고단1535

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 13, 2017, at around 19:39, the Defendant committed an indecent act against the victim for about five minutes, such as attaching even after the victim’s macks, macks, and bucks, to the part of the victim’s macks, in the electric car, which is a place where airspace 1, which is a subway line located in Guro-gu Seoul Metropolitan Government, proceeds in the reverse macker station direction.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. Application of the video-related Acts and subordinate statutes by cutting down the scene of crime;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. In light of the fact that an indecent act committed within the preceding half of the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a majority of the reasons for sentencing, and thus, sexual humiliation or mental impulse cannot be deemed unfeasible, even if there were the records of punishment for the same kind of crime, etc., the liability for the crime was unfasible, and thus, the defendant is selected to imprisonment, but the defendant has no record of punishment exceeding the fine since 2002, and the defendant has no record of punishment exceeding the fine since 202, and other conditions of sentencing indicated in the records, such as the defendant's age, sexual behavior, and environment

Where the conviction of this case becomes final and conclusive, 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 43 of the same Act.

However, there is no record of punishment for the same crime since 2002, and only the registration of personal information can prevent recidivism to a certain extent.

In light of the fact that there is a special reason not to disclose personal information.

Therefore, the Act on the Protection of Children and Juveniles against Sexual Abuse.