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(영문) 서울중앙지방법원 2017.04.14 2016고단8721
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 18, 2016, around 19:00, the Defendant committed an indecent act against the victim in the public means of transportation in a manner that repeatedly embling the victim D within the electric train train of subway No. 9, which is operated in the direction of high speed terminal station in the 40-ro of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, by closely sticking after the victim D (V, 29 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the draft D;

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

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. If a conviction on a sex crime subject to the registration of personal information becomes final and conclusive under Article 59(1) of the Criminal Act (the agreement with the victim, the confession and reflects in depth on the crime, the primary offender, and other factors such as the defendant's age, sex, family relationship, social relationship, etc.), 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the order of disclosure and notification should not be issued to the defendant.

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