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(영문) 인천지방법원 부천지원 2016.05.25 2015고단1882

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 1, 2015, around 19:38, the Defendant discovered the victim B (V, 20 years of age) in the influence train between the influence railway station in the influence railway station of the Seoul subway No. 1, Seoul subway No. 1, the Defendant committed an indecent act against the female.

The Defendant, by mixing the passenger cars with the victim, committed an indecent act against the victim by using the gap in which the body of the victim is closely adhered to, and by using the gap in which the body of the victim is closely adhered, the victim committed an indecent act against the victim by making his sexual flag unast and hand.

Summary of Evidence

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Application of the Acts and subordinate statutes written in B;

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

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined by comprehensively taking account of the circumstances under Article 51 of the Criminal Act, such as the degree of indecent conduct in the instant case on the grounds of sentencing, the defendant's previous records, the defendant's attitude to the instant judgment

When a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is a sex offense subject to the registration of personal information 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.