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(영문) 서울중앙지방법원 2014.07.04 2014고단1464
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 December 13, 2013, 04:10 on December 13, 2013, the Defendant used the second floor soup of the second floor underground of Jongno-gu Seoul Metropolitan Government Jongno-gu C building with a view to committing an indecent act against the victim by using that victim D (the age of 46) was locked, and the Defendant’s satisfy by inserting the hand in a way between the victim’s half-brus.

In this respect, the Defendant committed indecent act against the victim at a public gathering place.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image verification);

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. Where a judgment of conviction becomes final on the facts constituting a sex crime subject to registration and submission of personal information in full view of the defendant's age, character and conduct, means and consequence of the crime in this case, and the sentencing conditions specified in the pleading, as well as the circumstances after the crime, 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 thus, the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, on the ground that the defendant is a person subject to registration of personal information under Article 42 (1) of the same Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the personal information shall not be disclosed or notified.

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