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(영문) 서울남부지방법원 2018.06.22 2018고단1620
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 14, 2018, at around 08:00, the Defendant: (a) reported the direction opposite to the victim E (a person, her name, her age 29) in the same direction to D Station from the valley of the Seoul subway Line 1 to D Station; and (b) went out to the direction opposite to the victim.

피고인은 왼손 가락 끝 부분으로 피해자의 음부 부위를 옷 위로 꾹꾹 누르듯이 약 5회 정도 만져 피해자를 추행하였다.

Accordingly, the defendant committed indecent acts against the victim in the public transportation means which are densely concentrated places by the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. The sentencing of the instant crime under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be based on the following factors: (a) the number and details of the instant crime; and (b) the Defendant’s previous conviction (a crime during the period of suspended execution due to the same type of crime); (c) the Defendant’s agreement with the victim; and (d) the Defendant’s reflection of the status; and (e) the sentence identical to the order shall be imposed by taking into account all other factors of sentencing recorded in the records

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree and expected side effects of the defendant's disadvantage due to such order, prevention of sex crimes subject to registration and effects of protecting the victims, etc. shall be comprehensively taken into account.

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