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(영문) 서울중앙지방법원 2018.05.25 2017고단7744
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal record] On February 22, 2017, the Defendant was sentenced to four months of imprisonment and two years of suspended execution on March 3, 2017 to the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Young-gu District Court’s Young-gu District Court’s Young-gu Branch Branch.

[2] On March 1, 2017, the Defendant: (a) around 20:15, 2017, around the 270-ro Man-ro, Gangnam-gu, Seoul Special Metropolitan City Man-ro, and (b) passed behind the victim C by using a lot of gapss among passengers in the front-time car that proceeds from the discharge of dead passengers on the backshore; and (c) the part of the victim’s her her her her her her her her her her her her sens

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Investigation reports ( telephone conversations between police officers and victims in mobilization to the scene);

1. A previous conviction: The application of the Act and subordinate statutes to a report of the results of inquiry, the results of his previous convictions and the results of his previous convictions;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. If a conviction on the crime of this case, which is a sex crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, 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

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, it is determined.

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