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(영문) 서울중앙지방법원 2014.07.25 2014고단1548
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

From 14:55 on January 18, 2014 to 15:05, the Defendant: (a) discovered the victim D (25 years old) who was going to engage in music in the subway 2-line subway train (6-4 cann) in the subway 2-line (6-4 cann't be used in the subway 2-line (6-4 cann't be used in the subway station) in Jung-gu Seoul, Jung-gu, Seoul; and (b) sought to commit an indecent act against the Defendant’s hand.

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a place where the public is concentrated.

Summary of Evidence

1. Application of Acts and subordinate statutes on witness D's legal statement;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc., was that the Defendant was tried through the crime committed by indecent act by compulsion on three occasions, and there was a record of being punished as a fine for two cases of the same kind of crime in this case, and there is need for strict punishment of the Defendant in that the crime in this case was committed during the above judgment.

In addition, the defendant's age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc. shall be determined as per the order.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, 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 is obligated to submit personal information to relevant agencies

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victim, etc. shall be comprehensively taken into account.

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