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(영문) 서울북부지방법원 2015.01.28 2014고단764
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 4, 2014, around 15:14, the Defendant committed an indecent act against the victim by putting the victim D(23 years of age) out of the public smuggling room located in Seongbuk-gu Seoul Metropolitan Government, and by making the victim panty panty in the side of the victim, making it possible for the victim to take part in the sexual part of the victim's sexual flag at hand.

Summary of Evidence

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the investigation report;

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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the fact that there is a criminal record of the same kind of reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; and the age, character and conduct, family relationship, motive, means and consequence of the crime;

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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