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(영문) 서울중앙지방법원 2015.11.27 2015고단5730
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On November 15, 2010, the Defendant was issued a summary order of 1.5 million won by committing a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Seoul Central District Court (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes). On August 8, 2014, the Seoul Central District Court sentenced the Defendant to four months of imprisonment and completed the execution of the sentence on October 1, 2014 at the Seoul Central District Court.

On September 14, 2015, around 08:33, the Defendant committed an indecent act on the victim’s sexual organ in the subway, which was located in the 1431 subway line from the mar water area located in the 1431 in the Mangnan-si in the Mangnan-si, Geumcheon-gu, Seoul, to the additional digital group area of 309, kumkym, kump, kump, kump, kump, in a way against the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each report on investigation;

1. Other closure photographs of the crime scene;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation before disposition, results of confirmation, and reporting on the period of repeated offense);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense 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

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

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