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(영문) 서울동부지방법원 2017.12.21 2017고단3449
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of 8 months of imprisonment for an indecent act committed by force at the Seoul Central District Court on February 10, 2017, and the sentence became final and conclusive on February 18, 2017 and is currently under suspended sentence.

[2] On September 16, 2017, around 07:00, the Defendant committed an indecent act on the part of the victim E (title, 24 years of age) who was off clothes in the body of the water located in Seongdong-gu Seoul Metropolitan Government, a place where the general public located in Seongdong-gu Seoul Metropolitan Government is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name) and F;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes of a report on criminal investigation;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;

1. The punishment as ordered shall be determined by comprehensively taking account of the following circumstances and other conditions of sentencing specified in Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and the records:

Where a conviction on the crime of this case is finalized against the defendant who committed the crime of this case during the period of the same suspended execution, 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 thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (the defendant is likely to repeat a sexual crime in general against him/her)

The fact that it is difficult to readily conclude, the registration of personal information and the completion of a sexual assault treatment program are likely to result in the prevention of recidivism to a certain extent, and the age, family relationship, and the circumstances leading to the instant crime.

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