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(영문) 서울중앙지방법원 2016.05.13 2016고단1282
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 March 9, 2016, around 09:20, the Defendant committed an indecent act against the victim in a place where the public is concentrated in a manner that makes it possible for the Defendant’s hand to do her tamp with her traw (28 years old), and traws inside and around the buckbucks in the front line of the Dongjak-gu Seoul subway No. 2, Seoul, to move from the station of the subway No. 2 to the room.

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 Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, based on the following specific circumstances and the method and form of the instant crime, the Defendant’s age, sexual conduct, family environment, and circumstances before and after the commission of the crime, the sentence as ordered was determined by comprehensively taking into account the following factors:

The defendant's father E also actively takes care of the defendant, such as the mental illness treatment of the defendant, after receiving a diagnosis of the divided character disorder (Presumption) that he/she had been detained for about two months in the time of committing the same kind of crime (the court of appeal concurrently sentenced to a fine of three million won) (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, if the conviction of the crime in the judgment, which is a sex offense subject to registration, becomes final and conclusive, because the defendant is a person subject to registration of personal information under Article 42 (1) of the same Act on the punishment, etc. of sexual crimes.

The defendant is exempted from an order to disclose personal information, due to his/her age, occupation, risk of recidivism, motive for committing the crime of this case, method of committing the crime, seriousness of the crime, order to disclose or notify personal information.

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