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(영문) 서울중앙지방법원 2017.12.21 2017고단7276
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

around 18:40 on July 18, 2017, the Defendant: (a) used a large number of people in the surrounding area of the subway 9 line in subway 188, which was operated as a moving air space in the speed terminal station in the subway line 188 via the Seocho-gu Seoul Seocho-gu New Distribution, and used a large number of people in the vicinity of the train, thereby committing an indecent act against the victim in the subway, which is a mass means of transportation, by taking advantage of the gap.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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

1. The Defendant, on September 28, 2009, has been sentenced to a fine of three million won by committing a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) at the Seoul Central District Court on September 28, 2009.

Defendant recognized the facts charged and runs counter to it.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, degree of prosecution, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the arguments in this case.

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 of

The age, occupation, risk of recidivism, motive, progress 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 effects of sexual crimes subject to registration which can be achieved due to such order, and the protection effect of the victim.

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