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(영문) 서울중앙지방법원 2014.06.20 2014고단2547

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 10, 2014, at around 08:35, the Defendant got in the subway 2 line station located in 1112 Dong 1, Dong 1112, Dongjak-gu Seoul Metropolitan Government, and sought to discover and commit an indecent act against the victim C (n, 28 years old) who was in front of the Defendant around the time when the station of the station was located, and the Defendant was able to find out the victim C (n, 28 years old) and commit an indecent act.

Accordingly, the defendant committed an indecent act against the victim in the electric car, which is a place of public secrecy.

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 the Selection of Fines for Crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); 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 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 the disclosure order or notification order, the prevention of sexual assault crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification of personal information shall be issued 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.