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(영문) 서울중앙지방법원 2017.08.07 2017고단3485
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2017, the Defendant, around 08:30 on April 12, 2017, operated from subway 9, subway 220, the subway 220 to the airside of Dongjak-gu, Seoul, Seoul, with large number of passengers on the back side of the victim C (V, 23 years old) by using a large number of passengers on the 4th day prior to the operation of subway 9 to the airside of Dongjak-gu.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes concerning the report of investigation;

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. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend the Republic of Korea is that the Defendant first recognized his criminal act in a net manner and took an attitude against him, and is making efforts not to repeat his criminal act, such as mental and counseling and volunteer service activities, under favorable circumstances. However, even though the previous previous criminal conviction was committed once, the Defendant is not responsible for having committed the instant crime. In addition, the method and form of the instant crime, degree of conduct, Defendant’s age, sex, home environment, and circumstances before and after the instant crime are comprehensively considered, and the sentence like the order shall be determined by comprehensively taking into account the sentencing conditions shown in the arguments, such as the method and form of the instant crime, the degree of the instant crime

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission 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 Article 43

The age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order.

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