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(영문) 서울중앙지방법원 2016.08.26 2015고단7129
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than five months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 6, 2015, at around 21:50, the Defendant committed an indecent act against the victim in a manner that uses the left side part of the victim D (n, 28 years old) seated by the Defendant’s hand in the front seat of the passenger vehicle of subway No. 5, the means of public transportation, which was going in the direction of marina Station No. 5 in Mapo-gu Seoul, Seoul, in the direction of Mapo Station No. 21:50, Oct. 6, 2015.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against D;

1. Written statements of D;

1. Recording notes;

1. 112 Application of Acts and subordinate statutes on reported details;

1. Relevant legal provisions concerning the facts constituting an offense and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes. Article 11 (Consideration of Imprisonment with prison labor and the records of being fined for the same offense are one time, and a substitute trial due to unknown whereabouts, etc.);

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

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 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) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.

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