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(영문) 서울중앙지방법원 2016.06.28 2016고단1281
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On March 7, 2016, the Defendant, at around 09:42, committed an indecent act against the victim in a means of public transportation for about seven minutes, with the victim’s her mare attached, which was tightly concentrated on the difference of passengers getting in the front-speed terminal station located in the front-speed terminal station located in the macker Station of Dongjak-gu Seoul Metropolitan Government No. 130 subway No. 9, the Defendant: (a) committed an indecent act against the victim in a way that the victim’s macks the Defendant’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of CCTV image data and caps upon a suspect's statement to the effect that the suspect has the same record as the suspect);

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. Where the conviction of the accused is finalized on 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, 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 the accused is obligated to submit personal information to a related agency pursuant to Article

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, 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 that may be achieved therefrom, and the effect of the protection of the victim, etc., there is a circumstance that the disclosure of personal information may not be notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The reason for sentencing has already been sentenced to a fine and a suspended sentence due to the same crime.

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