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(영문) 서울중앙지방법원 2018.02.09 2017고단8964
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2017, around 07:55, the Defendant used a large number of passengers crepans in the electric car operated from the subway station of subway No. 4, the subway No. 50, the subway No. 4, the subway No. 50, the Dobong-gu, Gangnam-gu, Seoul, to the station of the company, to the station of the company. On November 20, 2017, the Defendant was her scokeing the victim’s scoke over about 10 minutes.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes on closure photographs;

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. When a judgment of conviction on a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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 obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual assault crime subject to registration that may be achieved therefrom, the effect of protecting the victims thereof, etc., there are special circumstances under which the disclosure of personal information may not be announced pursuant to Articles 47(1) and 49(1) proviso 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, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.

The reason for sentencing is that the accused commits an indecent act.

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