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(영문) 서울남부지방법원 2015.01.23 2014고단1755
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 April 15, 2014, around 12:55, the Defendant committed an indecent act against the victim C (nives, 39 years of age) in the Yeongdeungpo-gu Station located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, on his/her own, at the right side of the victim C (nives, and 39 years of age) who passed the opening of the opening.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Application of Acts and subordinate statutes of D;

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 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act include the following: (a) the Defendant was punished for the same crime; (b) the degree of indecent act committed by the instant crime; (c) the Defendant was deaf-mutes and led to the instant crime; and (d) the details, means, methods, and results, etc. of the instant crime; and (c) the sentence shall

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to a related agency pursuant to

In light of the fact that the defendant ordered to attend a lecture is the deaf-mute, the order to attend a lecture is not imposed pursuant to the proviso of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, since the case falls under a special circumstance where

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to an order to disclose or notify personal information, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the effect of protecting the victim.

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