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(영문) 서울중앙지방법원 2013.12.19 2013고정2072

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 22, 2013, at around 08:18, the Defendant committed sexual indecent acts that cause sexual humiliation within the electric dynamics, which are located in the Seoul metropolitan area of Dobong-dong subway 2, Gwanak-gu, Seoul Special Metropolitan City, by using the gap where the surrounding areas are congested, and by using the gap of the victim C (bee 27 years of age), the sexual flag was closely adhered to the part of the victim’s her macker and her hand, and the victim’s macks the victim’s macker with his macker and her hand, and caused sexual humiliation.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Video CDs;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

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

1. Where a conviction against a defendant is finalized in relation to a crime subject to registration of personal information and a sex crime subject to registration 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 the head of a competent police office

Considering the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, seriousness of the crime, 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 the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is determined to have any special circumstance that may not disclose or 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 the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.