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(영문) 서울서부지방법원 2016.01.14 2015고단2207
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 7. 17. 08:56 무렵 서울 지하철 9호 선 당산 역에서 고속버스 터미널 역으로 가는 급행 전동차 안에서 피해자 C( 여, 19세) 뒤에 바짝 붙어 피해자의 엉덩이에 자신의 성기 부위를 대고 비벼댔다.

Accordingly, the Defendant committed indecent act against the victim in a densely concentrated public place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

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

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

1. If a conviction on the facts constituting a sex offense subject to registration and submission of the personal information under Articles 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention of sexual assault crimes that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the disclosure of personal information may not be notified 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, no order of disclosure or notification shall be issued to the defendant.

The reasons for sentencing are as follows, comprehensively taking into account all the conditions of sentencing as shown in the arguments in this case, such as the circumstances, the age, sex, environment, etc. of the defendant, and the sentence as ordered.

(a)..

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