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(영문) 의정부지방법원 2014.02.06 2013고단4069
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 25, 2013, the Defendant was sentenced to imprisonment with prison labor for four months for a violation of the Act on Special Cases concerning the Elimination, etc. of Sexual Crimes, etc., and is still under the suspension of execution after the judgment became final and conclusive on May 3, 2013.

On November 11, 2013, from around 18:00 to 18:15 of the same day, the Defendant starting the Seoul Clean Station, which is a means of public transportation, and committed an indecent act against the victim by using both knee knee and knee knee knee fel fele fele fele fele fele fele.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The prosecutor's office and the police's statement concerning D;

1. Criminal records and investigation reports (formers and court rulings) and the application of statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Where a conviction becomes final and conclusive on the facts of a crime subject to registration, which is a sex crime subject to the obligation to submit personal information under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is

Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be deemed to have comprehensively taken into account the Defendant’s age, occupation, risk of repeating a crime, anticipated side effects of the Defendant’s entrance due to an order of disclosure or notification, the prevention effect of sexual crimes subject to registration, the effect of protecting the victims, etc.

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