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(영문) 의정부지방법원 고양지원 2016.03.30 2015고단3510
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 18, 2015, the Defendant discovered the victim E (the age of 39) who was seated in front of the Defendant, and put the left hand into the seat between the window and the window, and committed an indecent act against the victim on the ground that the Defendant was dead.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant is unfavorable even after the Defendant was sentenced to a fine of three million won for the same crime on May 22, 2013.

However, in the crime of this case, the extent of the indecent act is relatively heavy and was immediately interrupted by the victim's resistance, and the defendant's age, sexual conduct, environment, and circumstances after the crime are comprehensively considered, the punishment as ordered shall be determined.

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 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 relevant agency pursuant to Article 43

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual assault crimes that may be achieved therefrom, and the effect of protecting the victims thereof, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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