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(영문) 서울중앙지방법원 2017.07.21 2017고단2585
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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 March 3, 2017, around 21:15, the Defendant used a large number of passengers in the front of the Victim F (V, 29 years old) from the subway line D, which is located in Seocho-gu Seoul Metropolitan Government, to E Station, from the subway line D, the Defendant pushed the sexual flag over the half of the victimized person.

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. Application of Acts and subordinate statutes to the F Statements;

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 stay of execution [Article 62 (1) of the Criminal Act on the grounds that a person has been punished by a fine of two million won for the same type of crime on September 2015, and on the other hand, two times for a sex crime (a juvenile protective disposition on July 2007, and a disposition without the right to prosecute on or around March 201). However, confession and reflect on a sex crime; a person is under mental counseling and pharmacologic treatment for the prevention of recidivism after the crime; a person is subject to prosecution after the crime; the father and degree of prosecution; the defendant's age, sex behavior, family relationship, etc.];

1. When a conviction on a sex offense subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the same Act, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act, inasmuch as the accused is a person subject to registration of personal information under Article 42(1) of the same Act.

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims of sexual crimes, etc.

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