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(영문) 서울북부지방법원 2016.06.23 2015고단1659
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant, at around 17:48 March 31, 2015, committed an indecent act on the victim’s right-hand bucks in a place where the public is concentrated in a place where the victim’s right-hand bucks fall within the front of the woman, by going against the victim E (n, 15 years of age) with his/her string, while having a weak ability to discern things or make decisions due to intellectual disorder.

Summary of Evidence

1. The police statement protocol with respect to E, F and G;

1. Application of CD image Acts and subordinate statutes

1. Relevant provisions 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, etc. of Sexual Crimes concerning the crime;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the fact that there is no history of criminal punishment against the defendant, the fact that the defendant expresses his/her intention not to repeat the crime again, and the circumstances, such as the intellectual ability of the defendant, etc.);

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In a case where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the Defendant becomes 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 pursuant to Article 43 of the same Act.

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