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(영문) 서울중앙지방법원 2014.01.08 2013고단7317

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

On November 4, 2009, the Defendant was sentenced to a fine of one million won by violating the Act on the Punishment of Sexual Crimes and the Protection of Victims (Indecent Acts at Open Place) at the Seoul Central District Court on November 4, 2009.

At around 10:00 on September 29, 2013, the Defendant committed an indecent act against the victim E (20 years of age) by closely sticking the Defendant’s sexual organ on the part of the victim’s mack, while making soup at the 3rd ground room of soup, so called “D” located in Jung-gu Seoul, Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of statutes to inquiries about criminal records, etc.;

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 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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information 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

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances that need not disclose or notify personal information pursuant to the proviso of Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.