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(영문) 서울서부지방법원 2016.07.01 2015고단3168
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 10, 2015, around 17:20 on November 17:10, 2015, the Defendant boarded the front-time vehicle of subway No. 9, subway No. 5 in Seocho-gu Seoul Metropolitan Government, from the subway No. 3 to the scam of Silsan, and 15 minutes after being pushed off the part of the Defendant’s sexual flag in the front-time vehicle, which was attached immediately after the victim E (V. 52 years old).

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a densely concentrated place for the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

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

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture;

1. Unfavorable circumstances: The fact that the person committed the instant crime even though he/she had been punished for the same kind of crime, and the degree of his/her criminal conduct does not be light and the time is relatively long;

1. favorable circumstances: Once a conviction on a sex offense subject to registration becomes final and conclusive, which is a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, such as the fact that a mistake is recognized, the fact that the victim does not want the punishment of the defendant, or the fact that the victim does not want to be punished against the defendant, taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, environment, and circumstances after the crime

The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc.

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