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(영문) 서울중앙지방법원 2018.11.30 2018고단6462
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 May 16, 2018, around 08:15, the Defendant committed an indecent act against the victim in the means of public transportation by closely exposing the part of the victim’s sexual flag to the part of the victim’s her mare, even though even though it was done after the victim’s victim B (V, 34 years old) from the front-time train of subway 7, the subway 7, which is located in the upper mack-dong Seoul, Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to shooting CDs upon commission of crimes;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In light of the Defendant’s age, occupation, risk of repeating a crime, details and circumstances of the crime, method and seriousness of the crime, crime record, disclosure order or notification order, employment restriction order, etc. comprehensively taking into account the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., as well as the following: Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection, etc. of Children against Sexual Abuse;

Since it is determined, an order of disclosure or notification, or an employment restriction order shall not be issued to the defendant.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 such person shall submit personal information to the relevant agency pursuant to Article 43

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