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(영문) 서울중앙지방법원 2013.12.26 2013고단7776
성폭력범죄의처벌및피해자보호등에관한법률위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 23, 2013, from around 11:09 to 11:15, the Defendant committed an indecent act against the victim by reporting the victim C (the 26-year-old age) who was seated on the left side at the seat inside the 1045-class electric vehicle in Yongsan-gu, Yongsan-do, 1045.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law 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. The main sentence of 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 the facts constituting a sex crime subject to registration, which is subject to the registration and submission of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 the obligation to submit personal information to a competent agency

In light of the fact that the defendant was sentenced one time to a fine and two times of suspended sentence due to the same crime from December 2008 until then, the defendant committed the crime in this case during the period of the last suspended sentence (two years of suspended sentence for one year of imprisonment), it is inevitable to punish the defendant with severe punishment, and thus, the defendant is sentenced to imprisonment.

The sentence shall be determined by taking into account the favorable circumstances such as the fact that the defendant is a Grade 3 intellectual disabled person, and the fact that his mistake is recognized and reflected, and the sentencing conditions specified in the arguments, such as the defendant's age, character and conduct, family environment, motive and circumstance after the crime, etc., shall be comprehensively taken into account.

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