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(영문) 서울중앙지방법원 2013.11.20 2013고단4781
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 January 31, 2011, the Defendant was notified of a summary order of KRW 3 million by the Seoul Western District Court for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

At around 18:30 on June 18, 2013, the Defendant committed an indecent act against the victim at a densely-populated place, such as means of public transportation, etc., for about four minutes of the 4 minutes of the her own gender, by closely exposing his body from the victim D(n, 29 years of age) following the victim D (n, the her body, and exposing her body in his her hand, and committing an indecent act against the victim at around 18:4 minutes of the her own gender to the victim’s her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Complaint;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (the taking into account the fact that the defendant reflects his fault in depth);

1. When a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that constitutes a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012), 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 the relevant agency

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.

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