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(영문) 서울중앙지방법원 2013.09.25 2013고단3870

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2013. 5. 23. 08:40경 서울 구로구 신도림동 460-26에 있는 지하철 1호선 신도림역 환승 계단에서 승객들이 밀집한 틈을 이용하여 피해자 C(여, 19세)의 오른쪽 어깨 부위를 혓바닥으로 1회 핥았다.

Accordingly, the defendant committed indecent acts against people in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.