beta
(영문) 의정부지방법원 2016.03.28 2015고단3678

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six 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 September 18, 2015, around 08:12, the Defendant committed an indecent act against the victim at a 2-minuteed electric vehicle in a public means of transportation, which is one of the two-minutes of the victims, after the victim D(M, 41) attached even though he was concentrated in the gap of passengers concentrated in the previous train of the subway No. 1, subway No. 1, the subway No. 1, which is located in the subway No. 2, going through the smart station of the deceased.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. CCTV-recording CDs;

1. Application of the Acts and subordinate statutes governing crimes;

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

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a person attending a course of education on the grounds 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, and that the defendant is obligated to submit personal information to a related agency pursuant to

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention of sexual assault crimes that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

It is so decided as per Disposition for the above reasons.