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(영문) 서울북부지방법원 2017.05.11 2017고단909
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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 September 30, 2016, around 09:50, the Defendant committed an indecent act against the victim of the Defendant’s sexual flag at his her string, in a dynamic vehicle operated as a subway station located in the subway station located in the subway station located in the subway station and cultural park located in 230 subway No. 4 of the Seoul Chungcheong District, the Seoul CJ, and the Defendant committed an indecent act against the victim’s sexual flag at her string.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In conclusion, the sentencing is determined by comprehensively taking into account the following circumstances: (a) the defendant did not receive a letter from the victim of the reason for the sentencing; (b) the fact that there was a history of being punished once by a fine due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public Cpopulated Places); and (c) other conditions of the sentencing as shown in the records, such as the defendant’s age, occupation

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 personal information is personal information in the competent agency pursuant to Article 43 of

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