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(영문) 광주지방법원 2016.01.06 2015고단4448
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

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

Reasons

Punishment of the crime

On September 19:35, 2015, the Defendant, within the Seo-gu Seoul metropolitan bus that passed in front of Gwangju Seo-gu, and after the victim (here, 20 years of age), had the Defendant’s sexual organ damaged the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed an indecent act against the victim in the city bus, which is a place where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Where a conviction on the facts constituting a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant becomes 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 Article 43 of the same Act.

In light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which personal information may not be disclosed or notified.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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.

The reason for sentencing is that the defendant repents wrong, agrees with the victim, and plans to correct sexual abnormal behavior are being implemented through mental therapy and professional training.

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