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(영문) 서울중앙지방법원 2018.02.13 2017고정3084

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

Defendant

A (25) and the victim C are the relationship that they may be viewed as the first one.

The Defendant Jongno-gu Seoul, between July 2, 2017 and around 02:30 to 03:10

D. A indecent act was committed in a densely-populated place, such as having access to the victim who was suffering from diving in the second floor E Sale or male water surface, and having a flab with “non-flab,” and flab with “non-flab,” in which the sexual organ was flabed several times by bad hand.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police with regard to C;

1. A written statement;

1. Each police investigation report and internal investigation report;

1. Application of Acts and subordinate statutes to the interior drawings of outdoor photographs;

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

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, the accused 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 accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and background of a crime, method and seriousness of a crime, crime record, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the Defendant’s exemption from disclosure order and notification order, the preventive effect of a sexual crime subject to registration that may be achieved, the effect of the victim protection, the principle of prohibition of disadvantageous change, etc., there are special circumstances in which personal information may not be disclosed or notified.

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