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(영문) 서울중앙지방법원 2017.09.13 2017고단4693

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 March 2, 2017, at around 08:45, the Defendant got off the tboard of the victim E (V, 30 years of age) who was going forward of the front with the left hand in the electric train that had been going to D by the subway No. 9 line C located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment to the closure of a suspect's crime and photographic image);

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

1. When a conviction on a sex offense subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the same Act, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act, inasmuch as the accused is a person subject to registration of personal information under Article 42(1) of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed 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, it is not ordered to disclose or notify the defendant.

The reason for sentencing is that the defendant has been punished several times for the same crime, but he again commits the crime in this case.