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(영문) 서울남부지방법원 2014.02.11 2013고단1629
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On May 8, 2013, at around 8:05, the Defendant: (a) pushed down after the victim C (L, 18 years old) who was concentrated in the gap of passengers located in the subway 9 lines in the subway station located in Gangseo-gu Seoul Metropolitan Government and the subway 9 lines in the subway stations located in Yeongdeungpo-gu Seoul Metropolitan City, the Defendant committed an indecent act against the victim on the front line of the 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. Probation under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed again since the Defendant was issued a summary order of KRW 3 million on March 29, 2013 due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes, he/she again commits the instant crime, and the Defendant is led to the confession of the instant crime, and the circumstances, means, methods, results, etc. of the instant crime shall be determined by taking into account the following factors.

Where this judgment becomes final and conclusive, the accused 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 head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information should be carefully and carefully affected by the defendant, and in this case, personal information should not be disclosed because it appears to have an effect to prevent recidivism of the defendant to a certain extent only with respect to the registration of personal information.

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