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(영문) 서울서부지방법원 2015.04.02 2014고단2614

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

around 04:00 on August 28, 2014, the Defendant discovered that the victim E (the age of 21) was diving in the underground brying room of the Mapo-gu Seoul Metropolitan Government D building underground, and committed an indecent act by force against the victim by following the victim such as the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 70 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. 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

Article 47(1) and Article 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, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive of the crime in this case, method of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure or notification order, the prevention of sexual crimes subject to registration which may be achieved thereby, the effect of protecting the victims thereof, etc.

The reasons for sentencing are as follows: (a) comprehensively taking into account all the conditions of sentencing as shown in the argument of this case, such as the circumstances, the age, character and conduct, environment, etc. of the defendant, the sentence like

The defendant.