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(영문) 서울중앙지방법원 2015.10.30 2015고단5481

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall commit an indecent act on another person in any means of public transportation, place of public performance or assembly, or any other place crowded with the general public.

Nevertheless, on August 12, 2015, the Defendant, around 21:38, operated from Gangnam-gu, Gangnam-gu, Seoul, Gangnam-gu, Seoul, to 396, as Gangnam-gu, in the front-dong, which was operated as a scam of the scam of the scam of the victim D, etc., sealed the scam of the scam of the victim, and committed indecent act against the victim by using the scam of the scam.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved therefrom, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc. of the Defendant’s exemption order of personal information disclosure order or notification order, it is determined that there are special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant shall not be ordered to disclose