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(영문) 서울중앙지방법원 2013.06.26 2013고단2778

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

At around 18:26 on April 4, 2013, the Defendant: (a) committed sexual indecent acts that cause a sense of shame of women within the electric car, which is a place of public smuggling, by closely sticking the sexual flag attached to the female, such as the victim C (V, 25 years of age), within the front section of the subway station in Gangnam-gu Seoul, Gangnam-gu, Seoul, in the Gangnam-gu Police Station of 821-1 subway 2 of the subway Line 821-1, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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); Selection of fines, etc. concerning criminal facts;

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency under

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 disadvantage due to an order to disclose or notify personal information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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, in full view of the following factors: