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(영문) 서울중앙지방법원 2016.06.10 2016고단2025
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On February 16, 2016, at around 08:23, the Defendant boarded the subway 9 lines in Dongjak-gu Seoul Metropolitan Government, from the subway station D, and repeated the gap between the former and the latter inside after the victim E (n, 27 years of age).

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Penalty of a fine not exceeding two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59(1) of the Criminal Act (a) of the Suspension of Pronouncement of Sentence provides that when a conviction on a sex offense subject to the registration of personal information is confirmed, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual assault crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure of personal information may not be announced pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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