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(영문) 서울북부지방법원 2019.05.30 2019고단820
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Around 06:30 on February 3, 2019, the Defendant, at the 6th floor public waters room of Seongbuk-gu Seoul, making soup and making soup, takes the Defendant’s sexual organ out of the victim D (n, 26 years of age), taken out from the Defendant’s sexual organ, set up the Defendant’s sexual organ out of the victim’s hand, and opened the victim’s sexual organ on several occasions, and met one time by hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of D’s protocol of statement to the police

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive on a crime committed in the judgment that is subject to the registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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

In full view of the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance 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 the protection of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances under which personal information shall not be disclosed or 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 of Children and Juveniles against Sexual Abuse.

The reason for sentencing is that the defendant commits an indecent act, and that the defendant commits an indecent act.

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