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(영문) 서울북부지방법원 2017.11.09 2017고단3683

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 August 10, 2017, at around 18:55, the Defendant committed an indecent act against the victim in a place where the victim’s sexual whistle was embarked in the middle of 40-o-ro 47-o-ro, Guro-gu, Seoul, at the front line of the subway No. 1, the subway No. 40-o-ro, a 47-o-ro, had been driven by the reverse erogate of eronom, after the victim D (V, 26 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (the storage of criminal motion pictures DVD and screen closures) and video CD-related Acts and subordinate statutes;

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The court held that the sexual crime subject to registration is a sex crime subject to recognition of the crime, registration of reflective personal information, and submission of the data, that the victim is not less vulnerable to sexual humiliation or mental impulse, and that the victim has been punished once due to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes).