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(영문) 서울중앙지방법원 2013.12.11 2013고단6708
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal power] On November 15, 2012, the Defendant received a summary order of KRW 1 million as an offense of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) at the Seoul Central District Court.

【Criminal Facts】

On September 10, 2013, at around 08:55, the Defendant committed an indecent act against the victim in means of public transportation by putting the victim’s sexual organ into a non-hull dam with string and right frame attached to the victim’s macker, macker, macker, macker in the front line of the subway 2, the subway line in Dongjak-gu Seoul Metropolitan Government, along the subway 31 years old.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

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

1. Selection of imprisonment with prison labor as a matter of choice (the defendant, even though he was investigated by an investigative agency twice by the same crime, has again taken into account the fact that the crime in this case was committed and the poor quality of the crime was committed in light of the circumstances and methods of the crime in this case);

1. Article 62 (1) of the Criminal Act on the stay of execution (Considering the fact that the defendant is seriously against his/her will and that he/she has no record of the crime above the stay of execution);

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the registration of personal information and the obligation to submit such information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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, the accused is obligated to submit

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order of personal information, and the registration that can be achieved due to such order.

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