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(영문) 서울중앙지방법원 2015.02.11 2014고단10080

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 December 14:00 on December 12, 2014, the Defendant committed an indecent act against the victim in a densely densely-populated place, such as the victim E (year 42), by taking the victim’s body back to the victim E (age 42).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (field investigation);

1. Application of Acts and subordinate statutes to photographs inside a private letter or water surface room;

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

1. Articles 70 (1) 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. In a case where a conviction of a defendant against a sex crime subject to registration of personal information has become final and conclusive in light of the fact that the defendant commits a sex crime subject to registration, which reflects his/her mistake and does not repeat a crime, and all other circumstances indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, etc., 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.