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(영문) 서울북부지방법원 2013.11.29 2013고단2284
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 4, 2013, at around 07:41, the Defendant committed an indecent act against the victim at a public densely populated place by closely sticking the Defendant’s sexual flag to the right her right turb, putting the Defendant’s mar in front line, which is in operation of the sexual marination zone in the 4th of the Seoul subway line (Seoul subway 4), after the victim C (V, 28 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of the protocol of prosecutorial statement;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

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

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

1. Where the conviction of a defendant against a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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

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

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