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(영문) 서울중앙지방법원 2019.01.22 2018고정1399

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

around 19:00 on November 5, 2017, the Defendant: “C” located in Jongno-gu Seoul Metropolitan Government Jongno-gu B Building, as if the Victim D (23 years of age, female) who is an employee of the store, was about 19:0, and the Defendant was about 3 times, and the victim’s hum and mar were her middle part.

Accordingly, the Defendant committed an indecent act against the victim in a concentrated place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to victims D (name E);

1. Application of the Acts and subordinate statutes governing victim D's identity;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. Where a conviction against a defendant to be obliged to register personal information and to submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 the head of a competent police agency

In light of the Defendant’s age, occupation, risk of recidivism, details and circumstances of the crime, method and consequence of the crime, seriousness of the crime, criminal records, disclosure order or notification order, employment restriction order, etc., the degree and anticipated side effects of the disadvantage and side effects to be borne by the Defendant, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, the principle of prohibition of disadvantageous change, etc., the special circumstances and circumstances in which the personal information shall not be disclosed and notified 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), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.