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(영문) 서울중앙지방법원 2018.12.06 2018고정2354

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

On April 16, 2018, around 21:36, the Defendant discovered the victim D (2:00) who was a male-gu and telephone from the subway station C station platform of subway No. 4 located in Dongjak-gu Seoul Metropolitan Government on April 16, 2018, and the victim Da has gone through the victim's side, while the victim Da has been divided by her hand.

Accordingly, the defendant committed an indecent act against the victim in public transportation and other densely-populated places.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to a course of committing a crime to the victim;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order, an order of notification, and an order of restriction on employment, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 (the fact that a person is not subject to punishment for the same kind of crime, the fact that the person is unlikely to repeat a sexual crime because of his/her criminal act or his/her circumstances seems to be low, and the defendant can have the effect of preventing the recidivism of a sexual crime even on the registration of personal information and the completion of a

In full view of other circumstances such as disclosure order, notification order, and employment restriction order, social benefits expected by sexual crime prevention effect, disadvantage and anticipated side effects of the defendant, there are special circumstances in which the defendant's personal information should not be disclosed or notified or the juvenile-related institutions, etc. related to children's juvenile shall not be ordered to order the restriction on employment.

C) The defendant has no record of punishment for the same kind of crime, and the defendant has no record of judgment.