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(영문) 서울중앙지방법원 2016.10.07 2016고단5230
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment 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 July 21, 2016, at around 19:02, the Defendant committed an indecent act against the victim in the means of public transportation by attaching the gap in which passengers are concentrated on the front car of the subway 9 line, which is operated in the high-speed terminal station of the subway line of 188 by the Seocho-gu Seoul Metropolitan Government as the new distribution route, on a white basis, after the victim of the non-merchants who suffered in the type of black sinus on the white background, and closely sticking the victim's mack.

Summary of Evidence

1. Defendant's legal statement;

1. Circumstances leading to the investigation report;

1. Application of photographic Acts and subordinate statutes after closure;

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 (Considering the following grounds for sentencing)

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes are as follows: (a) if conviction on the facts constituting a sex offense subject to registration of personal information in consideration of the Defendant’s age, character and conduct, occupation, family relationship, etc., becomes final and conclusive, the Defendant is obligated to submit personal information to a competent authority pursuant to Article 43 of the same Act, on the ground that 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, on the grounds that he/she committed an indecent act against a female on or around January 2013.

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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