beta
(영문) 서울중앙지방법원 2014.08.29 2014고단4555

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 01:00 on May 24, 2014, the Defendant discovered the victim C (the age of 18) who was seated in the front-dong of the subway No. 2 located in Dobong-gu, Seoul Special Metropolitan City, to the Seoul metropolitan area, and opened the victim's seat on the hand floor. The Defendant committed an indecent act against the victim at a public smuggling place, such as the victim's left left-hand buckbucks by hand, and the victim was sitting down in the Seoul metropolitan area.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration, etc. under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed and notified in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.