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(영문) 서울중앙지방법원 2015.12.11 2015고단5918
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 18, 2015, around 08:53, the Defendant committed an indecent act by closely harming the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her herst

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Although the defendant had been sentenced to a fine of one million won on August 28, 2006 and two years of suspended sentence on August 27, 2010 for the same crime, the defendant was found to have committed the recidivism of this case in the course of the trial of this case, and the defendant was found to have committed the recidivism of this case, and in the course of the trial of this case, 3 million won is recognized to have been mistakenly committed by the victim and the victim's conviction against the defendant is confirmed as to the crime subject to registration of a sex crime subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if the conviction against the defendant becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process 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 and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the personal information shall not be disclosed and notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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