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(영문) 서울북부지방법원 2014.12.10 2014고단3926
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2014, the Defendant committed an indecent act on the victim’s right side by putting his shoulder on the shoulder of the victim C (Influent, 30 years of age) who was seated in 20 seats next to the Defendant’s left hand at the end of 15:0 on May 20, 201, which was operated between the old and the Kimcheon Station, at the 6th 19th mix of Busan Franch No. 1216 train 1216. The Defendant committed an indecent act on the victim’s side by rhyming the victim’s shoulder on the part of the Defendant’s left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol 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. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Republic of Korea has no previous conviction and reflects on the grounds of sentencing. Meanwhile, the Defendant’s age, character and conduct, family relationship, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime are considered.

Where a conviction becomes final and conclusive on a criminal fact 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, and is obligated to submit personal information to the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the personal information shall not be disclosed and notified in accordance with the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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