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(영문) 수원지방법원 안양지원 2016.07.29 2015고단1991
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2015, at around 20:40, the Defendant took a line of subway No. 2, a subway 2, and went to the station of the company in the south of Gangnam Station, and was going to the station of the company in Gangnam Station. On August 27, 2015, the Defendant 5 seconds away from the seat of the victim C (29 years of age, female) who was going to the front left side of the victim, and her string about 5 seconds.

On the other hand, the Defendant continued to leave the victim her m, who was her son, and her son, committed an indecent act against the victim in means of public transportation.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of the Act and subordinate statutes to the investigation report (Evidence 5);

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 suspension of execution (a favorable circumstance, such as the fact that the defendant has no criminal history for the same kind of crime, and the degree of his/her criminal conduct is relatively minor);

1. Where the conviction of the Defendant, who registered the personal information of Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, becomes final and conclusive, the Defendant becomes a person subject to registration of personal information of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the relevant agency pursuant to Article 43 of the above Act

However, there is no criminal record of the same kind, and only the registration of personal information can prevent recidivism to a certain extent.

In light of the fact that there is a special reason not to disclose personal information.

Since it is determined, it does not issue an order to notify the disclosure of registered information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

It is so decided as per Disposition for the above reasons.

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