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(영문) 서울중앙지방법원 2014.06.25 2014고단2762

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 21, 2014, around 08:03, the Defendant discovered the victim B (here, 34 years of age) in the electric train located in the Seoul metropolitan area of subway No. 2, the subway No. 34, and made several times with her hand, her hand, her hand, after the victim’s mind that he/she want to commit an indecent act.

Accordingly, the Defendant committed an indecent act against the victim in the electric car, which is a place of public secrecy.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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

1. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

It is so decided as per Disposition for the above reasons.