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(영문) 서울중앙지방법원 2015.04.17 2014고단3381

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

At around 19:00 on March 31, 2014, the Defendant, who was seated next to the victim B (the age of 19) in the front Myeonk-dong subway No. 1 of Guro-gu Seoul Metropolitan Government, the Defendant committed an indecent act by making his left hand only the victim’s buckbucks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of B Acts and subordinate statutes to the petition for complaint;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include: (a) the confession and reflect of the instant crime; (b) the degree of indecent act is not serious; and (c) the offender has no record of punishment in Korea; and (d) other conditions of sentencing as indicated in the record, such as the Defendant’s age, occupation, character and conduct, family relationship, and circumstances before

Where a judgment of conviction against a defendant on a crime subject to registration of personal information 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 competent agency pursuant to Article 43

Article 47(1) and Article 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 shall be comprehensively taken into account in light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s suffering from the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.