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(영문) 서울북부지방법원 2014.11.05 2014고단2803
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

피고인은 2014. 7. 14. 19:00경 서울 중구 을지로 281에 있는 동대문역사문화공원역 지하철 2호선 승강장에서 피해자 C(여, 26세)를 발견하고 추행하기로 마음먹고 피해자를 뒤따라가, 지하철 4호선 한성대입구역 방면으로 운행되는 전동차 내에서 피해자의 오른쪽 옆에 서서 피고인의 성기를 그녀의 엉덩이 부위에 댔다.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) there is a criminal record of the same kind of fine for the sentencing reason under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend; (b) there is no agreement with the victim; and (c) the accused is against the victim; and (d) the Defendant’s age, character

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.

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