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(영문) 수원지방법원 2020.05.28 2020고단1473
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 16, 2020, at around 03:15 to 04:10, the Defendant discovered that the victim D (tentative name, leisure, 16 years of age) is in progress on the first floor of the underground floor of Seongdong-gu Seoul building B, Seongdong-gu, Seoul, and came up with the victim's bridge, the victim's bridge, the sound, and the chest side with his own bridge, while the victim is in the hands of his own gender.

As a result, the Defendant committed an indecent act on the victim in public transportation, public performance and assembly places, and other densely-populated places.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

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 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where the conviction of the accused against the criminal facts stated in the judgment on 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 and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the accused 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

In light of the Defendant’s age, social relation, details or methods of the crime, circumstances after the crime, and circumstances, the risk of recidivism of a sexual crime appears to be low, and the Defendant appears to have the effect of preventing recidivism even by taking lectures in the registration of personal information and the treatment of sexual assault, taking into account all other circumstances, including the social benefits expected by the disclosure order and the notification order, the effect of preventing sexual assault crimes, and the disadvantage and anticipated side effects of the Defendant.

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