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(영문) 서울동부지방법원 2015.10.23 2015고단2409
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2015, at around 00:0, the Defendant committed an indecent act twice in the face of the son C (name, kin, and 20 years old) who was getting off from subway in the sexual zone of subway 2, which is the air-populated place in Seongdong-gu Seoul Metropolitan Government, the Gasan 100.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of crimes;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant, even though the Defendant was subject to criminal punishment of a fine of KRW 500,000 for the same crime in 205, is not that of the crime in this case.

However, considering the fact that the defendant is recognized as committing the crime of this case, the degree of indecent act is relatively excessive, the defendant is a third intellectual disabled person, and the defendant's age, character and conduct, family relation, environment, details of crime and the subsequent progress, the sentence like the order shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the arguments of this case.

Where a conviction of a defendant is finalized on the criminal facts in the judgment of a sex crime 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 relevant agency pursuant to

The full consideration of the defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.

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