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(영문) 의정부지방법원 2015.02.02 2014고단4570

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 22, 2014, the Defendant was sentenced to eight months of imprisonment by the Incheon District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) and completed the execution of the sentence on November 8, 2014.

피고인은 2014. 12. 4. 09:00경 양주시 양주역 인근 대중교통수단인 전철 1호선 인천행 전동차 내에서 머리를 숙여 팔짱을 끼고 잠을 자는 척 하며 옆 좌석에 앉아 있는 피해자 C(여, 29세)의 허벅지 안쪽부위를 왼쪽 손바닥으로 만져 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records of judgment: Inquiry records into criminal records, results of search of prisoners, application of Acts and subordinate statutes to report criminal investigations (Attachment to judgment of the same kind);

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 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under 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 following factors: (a) the Defendant again commits the instant crime during the period of repeated crime due to the same crime; (b) the Defendant did not agree with the victim; and (c) the fact that the Defendant was punished several times due to the same type of crime is disadvantageously unfavorable; and (d) the Defendant’s violation of the Defendant’s criminal intent at the time of the instant crime; (b) the method and consequence of the instant crime

Inasmuch as a judgment of conviction was rendered against a defendant who has registered personal information as a result of a crime, if this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the relevant agency

The age, occupation, risk of recidivism, motive for committing the crime of the defendant exempted from the disclosure order or notification order;