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(영문) 서울남부지방법원 2018.07.04 2018고단1059

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

On March 2, 2018, around 09:10 on March 2, 2018, the Defendant covered the victim E (the age 21) who is enjoyed in the “D” well or the water surface room located in Yeongdeungpo-gu Seoul Metropolitan Government (the age 21). The Defendant, by hand, committed an indecent act by the victim’s chest her chest twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written E;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the details of the crime and the degree of indecent act committed by the defendant, the defendant's wrong act, the fact that the victim does not want the punishment against the defendant, and other conditions of sentencing under Article 51 of the Criminal Act, such as the age, sexual conduct and environment of the defendant, shall be determined as ordered in consideration of all the factors of sentencing under Article 51 of the Criminal

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.