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(영문) 서울북부지방법원 2015.11.12 2015고단3207
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 05:00 on August 30, 2015, the Defendant discovered the victim D (Woo, 26 years of age, and name) who was divingd in a soup bank located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and committed soup at the soup bank, where the victim was suffering from the victim's back to the victim, put the victim's sexual organ into the victim's back and the victim's sexual organ was cut up and the victim's sexual organ was populated, which is a place where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

1. Article 62 (1) of the Criminal Act (affirmative considering the reason for the suspended sentence);

1. For the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in cases where the execution of a sentence is suspended on the condition of an additional disposition, taking into account the major sentencing factors of the defendant's crime motive, crime contents, age, occupation, character and conduct, living environment, family relation, etc., and where the criminal investigation agency recognizes the offense from the criminal investigation agency and the victim did not recover from the pened damage, and the conviction of the criminal facts in the judgment that the sex crime subject to registration is subject to registration is finalized, the defendant becomes a person subject to registration of personal information pursuant to 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 Article 4

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, punishment records, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be suffered by the Defendant, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims of a sexual crime, etc., the punishment, etc. of a sexual crime shall be imposed.

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