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(영문) 서울중앙지방법원 2015.08.21 2015고단3826

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On May 22, 2015, around 09:40, the Defendant committed an indecent act against the victim at a place where the victim’s her turb, etc. three times her turb, in the previous car that passed through the 130 subway 9 of the Nowon-gu Seoul Metropolitan Government Nowon-gu Seoul Metropolitan Government Nowon-gu Seoul Metropolitan Government on May 22, 2015, with her hurbane, after the victim C (V, 37 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing under Article 334(1) of the Provisional Payment Order - Circumstances that are favorable: The defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, if the defendant's conviction against the defendant is finalized in relation to the crime that is a sex offense subject to the registration of personal information, which is a sex offense subject to the registration of personal information, which the victim seeks to punish the defendant;

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be suffered by the Defendant due to such order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., in full view of the Defendant’s age, occupation, risk of recidivism, the type of crime in this case, consequence and seriousness of the crime, the disclosure order or notification order, the special circumstances that need not disclose and notify personal information 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) and