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(영문) 서울중앙지방법원 2015.01.23 2014고단8377
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On November 4, 2014, the Defendant: around 08:41, at the center of Guro-gu Seoul Metropolitan Government, 174, pushed down the part of the sexual flag, which is created with solid string, after being pushed back by the victim C (at the age of 29) who was concentrated in the creb of the subway 1 line in the front line of the subway line in Guro-gu, Seoul Metropolitan Government.

In the same way, the Defendant committed an indecent act on the victim in the electric car, which is a place of public smuggling, for about four minutes until the Defendant arrives in the same route or digital group area.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined as the same as the order, in comprehensive consideration of the Defendant’s age, character and conduct, environment, etc.

Article 47(1) and Article 49(1) 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, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive for, method of the crime in this case, seriousness of the crime, and anticipated side effects of the crime, the disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sexual crimes subject to registration which may be achieved thereby, and the effect of protecting the victims thereof, etc.

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