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(영문) 서울중앙지방법원 2015.07.24 2015고단3427

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 14, 2015, at around 07:45, the Defendant committed an indecent act against the victim in a place where the victim C (V, 40 years of age) macks the Defendant’s sexual organ located in the passenger room of subway 2, a means of public transportation, which was moving to the private station located in the Seoul Dongjak-gu Seoul Metropolitan City, Seoul, Seoul, Seoul, Seoul, by committing an indecent act against the victim at a place where the public is concentrated by means of rain.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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

1. Articles 70 (1) 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;

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act reflects his/her mistake that he/she has no record of punishment and does not repeat the crime. In other cases where the defendant's conviction against the defendant on the crime subject to the registration of personal information becomes final and conclusive by taking into account all the factors of sentencing indicated in the record, such as the defendant's age, occupation, character and conduct, family relation, home circumstances, motive, means and consequence of the crime, etc., such as the crime, 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 related agency

In full view 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 that may be achieved therefrom, and the effect of protecting the victims, etc., Articles 49(1) proviso and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.