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(영문) 서울중앙지방법원 2014.10.17 2014고단5263
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 27, 2014, around 09:00, the Defendant committed an indecent act against the victim in the means of public transportation by discovering the victim C (n, 23 years of age) who was in front of the Defendant, by discovering the victim C (n, 23 years of age) in his/her own seat, and exposing his/her block with his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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, and is obligated to submit personal information to a competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be disclosed or notified.

In addition, even though the defendant had been sentenced to punishment, suspension of execution and fine, he committed the crime of this case.

It cannot be deemed that the damage caused by the instant crime is light.

However, the fact that the defendant was punished only several times after he was punished as a penalty in 2006, and that the mistake is recognized and reflected.

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