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(영문) 의정부지방법원 고양지원 2017.09.07 2017고단1366
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 24, 2016, around 05:45, the Defendant committed an indecent act against the victim at a place where the victim F (F) was able to sleep by water in the common waters of both men and women in the waters of the E or many inside and women of the Republic of Korea, Seo-gu, Busan, Seo-gu, Seo-gu, Sinsan, in order to commit an indecent act against the victim at a place where the victim’s left-hand strokes fall rapidly and the public is densely concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (written appraisal of genes of the National Institute of Scientific Investigation);

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

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

1. The sentence identical to the disposition shall be determined by comprehensively taking into account the following conditions for sentencing on the grounds of Article 47(1) and Article 49(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Disclosure Orders and Notification Orders, Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and other conditions for sentencing on the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after crimes:

Unfavorable circumstances: The defendant was punished twice a suspended sentence for the same kind of crime, and the defendant was punished once a fine; the defendant was also dismissed due to the revocation of the complaint; the defendant committed the crime of this case in addition, since the period of suspended execution for the same kind of crime expires and several months have not elapsed; the victim's mental impulse is considerable; the victim's emotional impulse is considerably shock; the circumstances favorable to the non-agreement with the victim; the defendant is recognized as a crime and is against the law; and the victim is receiving a mental therapy and treatment.

If a conviction becomes final and conclusive on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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.

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