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(영문) 서울남부지방법원 2016.01.20 2015고단4291
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four 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 August 20, 2015, from around 08:06 to around 08:21, the Defendant committed an indecent act against the victim in a non-fluencing manner by closely sticking to 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 herst her

Accordingly, the Defendant committed sexual indecent acts that cause sexual humiliation of the victim within the dynamic vehicle, which is a densely concentrated place for the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of the Acts and subordinate statutes to photographic images produced during crimes;

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

1. Article 62 (1) of the Criminal Act (i.e., reflective points);

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43

In light of the Defendant’s age, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to such order, the preventive effect and effect of the sexual crime subject to registration, the effect of the protection of the victim, the favorable circumstances as seen earlier, etc., the Defendant may not disclose personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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