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(영문) 서울중앙지방법원 2016.03.11 2015고단7918
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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 September 1, 2015, around September 19:18, 2015, the Defendant committed an indecent act against the victim at a place where the general public is concentrated by closely macking the Defendant’s sexual macker to his macker, macking the Defendant’s sexual macker to his macker, which is a woman with no knowledge of his name, after boarding the subway 9’s high speed terminal station in Seocho-gu Seoul Metropolitan Government distribution Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Application of Acts and subordinate statutes to a report on investigation (for victims);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant was two times of the same kind of fine, and the Defendant, instead of preventing the instant crime, shows a strong attitude of reflection, and has improved character and behavior from the early stage of the investigation. In addition, in the event that the Defendant’s conviction against the Defendant is finalized by taking into account all kinds of sentencing factors indicated in the records of this case, including the Defendant’s age, occupation, sex, criminal conduct, family relationship, and circumstances after the crime, etc., and all of the sentencing factors indicated in the changed theories, such as the record of this case and the circumstances after the crime, the Defendant is subject to registration under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to the relevant agency pursuant to

When comprehensively considering the Defendant’s age, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victims, etc., the Act on the Protection of Children and Juveniles against Sexual Abuse.

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