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(영문) 서울중앙지방법원 2014.11.21 2014고단7142
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2014, at around 07:58, the Defendant attached his sexual flag to his mar, marb, etc. by making use of the gap of the victim B (V, 24 years old), etc., due to a large number of people around the subway 2 line Seoul Southern-ro, Seoul Metropolitan City, along with the marb.

We repeated the detachedness.

In this respect, the Defendant committed indecent act against the victim at a public gathering place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information to a competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, 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 which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be disclosed or notified.

The reason for sentencing is that the defendant has already been punished twice due to sex crimes, but he/she has committed the crime of this case, so it is difficult to punish him/her insufficiently.

However, this is due to the fact that the defendant acknowledges and reflects the wrongness, and sexual crimes.

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