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(영문) 서울동부지방법원 2016.09.20 2016고단1845

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 24, 2016, at around 07:50, the Defendant committed an indecent act against the victim at a densely-populated place, on the part of the victim E (the 20-year-old) who was a customer who was a customer with a locking himself/herself at the said place, with the intent to escape all clothes at the entrance of the second-story female room located in Gwangjin-gu Seoul Special Metropolitan City, “D Sarina,” and who was on the part of the victim E (the 20-year-old).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of E, F and G;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details 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, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

The crime of this case on the grounds of sentencing is not only a victim but also a direct victim after having entered the women's friendship with the intention of rape and committing an indecent act against the victim.