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(영문) 서울남부지방법원 2015.01.09 2014고단4183

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 14, 2014, around 10:20 on August 14, 2014, the Defendant committed an indecent act against the victim E (ma, 22 years of age) who was divingd in the Drackae or the surface room located under the 1st underground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, by reporting the victim E (ma, 22 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 62 (1) of the Criminal Act;

1. The reasoning for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant at the Daejeon District Court on December 14, 201, when considering the fact that the Defendant was sentenced to a fine of seven million won due to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) in the support of the Daejeon District Court on December 14, 201, the Defendant committed the instant crime, was not agreed upon with the victim, the Defendant led to the confession of the Defendant and the disability of the Defendant, and all the conditions for sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct,

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission 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 is obligated to submit personal information to a related agency pursuant to

When considering the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim.