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(영문) 대구지방법원 의성지원 2016.01.28 2015고단223
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 9, 2015, around 22:50, the Defendant committed an indecent act against the victim E (26 years, women) following the victim E (hereinafter referred to as “the victim”) who reported a public performance at the right-hand side of the Datrical located in Busan, Seo-gu, Busan, in a manner of vision between the victim’s sexual organ and his her tock.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. When comprehensively taking into account the Defendant’s age, occupation, type of crime, motive, process, consequence and seriousness of crime, disclosure order or notification, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the Defendant’s order, the preventive effect of sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there is a circumstance that no disclosure of personal information may be notified pursuant to the proviso to Articles 49(1) and 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection, etc. of Juveniles against Sexual Abuse

Since it is judged, the reason for sentencing has a record of being punished several times for the same crime, and in particular, considering the fact that the defendant was sentenced to suspended sentence for the same crime and committed the crime of this case again for six months, it is inevitable to sentence the defendant to imprisonment.

However, the fact that the defendant reflects the wrong, is being treated with a mental therapy, and does not repeat the crime, is supporting the knife and faithfully living the knife, and the defendant's age, sex, family relationship, circumstances after the crime, etc.

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