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(영문) 서울북부지방법원 2019.01.31 2018고단4403
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The punishment of the accused shall be set forth in six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:20 on October 2, 2018, the Defendant boarding the subway 4 lines in the C Station located in Yongsan-gu Seoul, Yongsan-gu, Seoul, with the direction of the opening of the party, and rhumbbbbs for the victim’s left side by the Defendant’s hand and rhuming the victim’s hand. While the victim pusheded the Defendant’s hand by a bank and hand, the Defendant got off the kbbbbbbbs of the victim in the same manner as the victim did so.

Accordingly, the defendant committed an indecent act against the victim in the subway train where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A E-document;

1. Application of the Acts and subordinate statutes on CDs of images taken by the victim, the closure screen and the victim’s photograph;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, prior convictions, and the benefits and preventive effects expected due to an order of disclosure or notification or an order of restriction on employment, and disadvantages and side effects, it is deemed that there are special circumstances in which the Defendant’s personal information should not be disclosed or notified or his/her employment should not be restricted, in light of the following: (a) the Defendant’s age, occupation, family environment; (b) social relationship; (c) the likelihood of recidivism; (d) the disclosure or notification order; and (e) the disadvantages and side effects of the order; and (e) the Defendant’s personal information suffered by the victim of an indecent act in the subway on the grounds of sentencing.

Moreover, the defendant is at the Seoul Eastern District Court on September 20, 2016.

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