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(영문) 수원지방법원 안양지원 2017.01.13 2016고단1430
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 14, 2016, around 21:35, the Defendant: (a) around 21:35, within the subway line No. 4, subway 4 that runs to D stations located in Dongjak-gu Seoul Metropolitan Government, and (b) reported the victim E (the age 19) seated next to the Defendant, and took a look at approximately 10 minutes of the victim’s left side buckbucks due to the sudden hand.

Accordingly, the defendant committed an indecent act against the victim in the subway, which is a place where the public is concentrated.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. The sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order - Unfavorable circumstances: (a) the fact that the nature of the crime against a young victim is very poor in light of the background of the crime, content and continued degree of the crime, the circumstances after the crime, etc.; (b) the fact that the crime is not committed against the injured party; and (c) the fact that the injured party did not receive a letter from the injured party; (d) the fact that there is no record of the sex crime; and (e) the fact that there is no record of the sex crime - In other circumstances, where the conviction of the accused against the crime subject to registration becomes final and conclusive, 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 thus, is obligated to submit personal information to the related agency pursuant to

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration, the effect of protecting the victim, etc. shall be comprehensively taken into account.

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