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(영문) 서울북부지방법원 2016.12.22 2016고단4520
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

피고인은 2016. 9. 7. 08:00경 서울 강북구 도봉로 50, 지하철 4호선 미아사거리역에서 동대문역에 도착할 때까지 전동차 내에서 밀집한 승객들 틈에 서 있던 피해자 C(여, 27세)의 등 뒤에 바짝 붙어 서서 자신의 하체 부위인 성기를 그녀의 엉덩이에 밀착시키고 약 13분 가량 비볐다.

As a result, the Defendant committed an indecent act against the victim on the electric car which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism; and (c) profits and preventive effects expected from the disclosure order and the disclosure order of this case and the disclosure order of this case; and (d) disadvantages and side effects of the disclosure order, the Defendant’s personal information shall not be disclosed or notified; and (d) the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, occupation, character

- A person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information, and the defendant is the competent authority, in accordance with Article 43 of the same Act, where the conviction is finalized on the facts constituting a sex offense subject to the recognition of a crime, the registration of reflective personal information, and the disposition of a sex offense subject to registration.

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