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(영문) 서울중앙지방법원 2020.02.07 2019고단6607
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

On August 19, 2019, around 09:40 on August 19, 2019, the Defendant: (a) attached even after the victim D, etc., within the electric car operated from subway No. 2 in the subway Station located in Seoul Special Metropolitan City to the C basin; and (b) closely attached his sexual flag to the victim’s her tur.

Accordingly, the Defendant committed an indecent act against the victim in the front car, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on internal investigation (in cases of attaching letters of crimes of internal investigation prepared by a suspect);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the verification of documentary evidence and the attachment of photographs to the suspect);

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where conviction of the facts constituting a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities is final and conclusive, the Defendant is a person subject to registration of personal information under Article 43

The defendant's age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the effect of protecting the victim, etc. shall be comprehensively considered.

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