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(영문) 서울중앙지방법원 2016.12.23 2016고단8540
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 19, 2016, around 18:25, the Defendant started from the subway 3 lines of subway lines located in 294 as Seocho-gu Seoul, Seocho-gu, Seoul, and pushed down the Defendant’s sexual organ repeatedly in the victim’s ambl, while getting off from the subway 3 lines of subway lines located in Seocho-gu, Seoul, and committed an indecent act on the victim’s left side amblock in the means of public transportation, flicking the Defendant’s sexual organ from the subway 3 lines of subway lines located in Seocho-gu, Seoul to the high speed terminal station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs and names;

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. When a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 the accused is obligated

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the special circumstances that need not disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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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