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(영문) 수원지방법원 안양지원 2013.06.19 2013고단510
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 April 10, 2013, around 08:10, the Defendant committed an indecent act on the part of the victim in subway line 1, which was operated in the direction of additional digital body area in the subway line 422-3 located in the Manan-gu Man-dong, Manyang-gu, Manyang-si, and the Defendant committed an indecent act on the part of the victim in subway, which was located in the place of public smuggling, after the right side of the victim B (n, 24 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his/her mistake and has no record of punishment for suspension of qualifications or heavier punishment);

1. Article 62-2(1) of the Criminal Act; Article 16(3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. An order to disclose or notify the registration information of a sexual crime and an order to disclose or notify such information needs to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances in which the disclosure of personal information by the defendant, such as where the registration of personal information alone appears to have an effect to prevent recidivism, etc., is prohibited from being disclosed. Thus, the personal information of the defendant shall not be disclosed in accordance with Article 47 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 of Children and Juveniles against Sexual Abuse,

Since the defendant who is registered with personal information has been convicted of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place), this judgment shall become final and conclusive.

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