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(영문) 서울중앙지방법원 2016.04.15 2015고단8215
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2015, at around 18:34, the Defendant boarded the electric-time vehicle operated as the motion air basin in the D Station located in Seocho-gu Seoul Metropolitan Government, and boarded the victim E (n, 39 years of age) following the victim E, and committed an indecent act against the victim at a place where the victimized person’s macks the Defendant’s sexual flag macks the victim’s mack, macks the victim’s sexual flag macks the victim’s mack, and macks the public.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes governing the criminal;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case was committed again despite the record of punishment under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed for the same kind of crime, considering the mental impulse suffered by the victim by the crime of this case, the type and degree of criminal conduct committed by the defendant, and at the same time, the defendant seriously reflects the defendant's age, occupation, sex, family relationship, and other conditions of sentencing as shown in the record, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

Where a judgment of conviction against a defendant on the criminal facts in the judgment that is a sex offense subject to the registration of personal information 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 agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the sexual crime is committed.

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