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(영문) 서울중앙지방법원 2016.04.22 2016고단812
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On February 2, 2016, the Defendant: (a) around 18:35, around the subway line C located in Seocho-gu Seoul Metropolitan Government on February 2, 2016, carried down the Defendant’s sexual flag fast back after the victim D (V, 20 years of age) that was located in the creb of passengers concentrated in the front-time train located in the subway line C located in Seocho-gu Seoul Metropolitan Government, and carried out the Defendant’s sexual flag fast back to the victim’s amblock, and amblock by hand.

Accordingly, the defendant committed an indecent act against the victim within the populated dynamics with the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing the criminal;

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 suspended execution;

1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes committed the instant crime again despite the fact that the Defendant had been punished for the same kind of crime, and the mental impulse suffered by the victim due to the instant crime is not small.

However, the sentencing conditions stated in the record, such as the defendant's age, sex and environment, family relationship, means and method of committing the instant crime, and circumstances after committing the instant crime, shall be determined by comprehensively taking into account the following factors: (a) the fact that the defendant committed the instant crime and agreed with the victim; (b) the type of force and degree of conduct committed by the defendant; and (c) the defendant'

Where a judgment of conviction against a defendant on the criminal facts in the judgment that is a sex offense subject to the registration 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 is obligated to submit personal information to the competent agency pursuant to

The defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, method and seriousness of the crime, and order of disclosure or notification of personal information disclosure shall be disadvantageous to the defendant due to the defendant's age, occupation, risk of recidivism.

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