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(영문) 서울중앙지방법원 2014.01.24 2013고단3346

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 21, 2013, around 08:30 on May 21, 2013, the Defendant used a gap of around the subway 2 subway lines located in Dobong-gu, Seoul Special Metropolitan City, in a luxal direction-based shift in the front line, and was pushed back after the complainant C (26 years of age and inn) and added his sexual flag to his her her her mack, and her mack with his her mack, her mack, and so on.

As such, the Defendant committed sexual indecent acts that may cause sexual health of the complainants in the front Dong, which is a place of public secrecy.

Summary of Evidence

1. The witness C’s legal statement (the defendant merely commits an indecent act against another person who is not the victim, but did not commit an indecent act against the victim, but the facts of the crime are acknowledged based on evidence).

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)

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete program;

1. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance 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 effect of protecting the victims, etc., personal information shall be personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.