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(영문) 서울북부지방법원 2014.03.26 2014고단72
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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

At around 06:50 on December 25, 2012, the Defendant committed an indecent act against the victim in the subway station located in Jungdong-gu Seoul, Jungdong-gu, Seoul, the terminal point of which is the subway No. 6. Around 06:50, when the Defendant got on and off the subway No. 6, the Defendant discovered that the victim D (the age of 21) was seated in the front door of the subway entrance, and he was able to have a knife the knife the knife and let the knife the knif

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the protocol of prosecutorial statement concerning D;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act (including the absence of a criminal record of imprisonment without prison labor or any heavier punishment);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and Article 16(2) of the Addenda of the same Act (Amended by Act No. 11556, Apr. 7, 2011), the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012); and

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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