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(영문) 서울남부지방법원 2015.11.27 2015고단4209
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On August 3, 2015, at around 20:55, the Defendant committed an indecent act against the victim C (Woo, 27 years old) who was left behind the Defendant, etc. within the electric train from the subway station of 130 subway 9 to the subway station of 9 lines from the subway station of 130 subway 9 to the subway station of the subway station of 9 lines.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of investigation reports (the perusal and analysis of CCTVs in the base of subway 9 lines), CCTV-faging photographs;

1. Relevant Article 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 of Sexual Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to disclose or notify registered information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to an order to disclose or notify the information, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting victims, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to the aforementioned special circumstances.

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

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