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(영문) 서울남부지방법원 2015.12.16 2015고단4392

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four 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

피고인은 2015. 10. 7. 08:20경 서울 강서구 염창동 지하철9호선 염창역 급행열차 전동차 내에서, 혼잡한 틈을 타 피해자 C(여, 세)의 뒤에 바짝 붙어 피해자의 왼쪽 허벅지 부분에 피고인의 성기를 밀착시켜 수회 비볐다.

Accordingly, the Defendant committed an indecent act against the victim on the electric car that is a concentrated means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written statements to the victim;

1. Relevant Article on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor (including the fact that the criminal records of the same kind have been committed);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant reflects on the stay of execution);

1. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive on the judgment that constitutes a sex crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In light of the Defendant’s age, 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 entry, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the protection effect of the victim, favorable circumstances as seen earlier, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall be ordered to disclose or notify the personal information.