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(영문) 서울서부지방법원 2018.11.21 2018고정648
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 21, 2018, around 17:10 on March 21, 2018, the Defendant committed an indecent act against the victim D (V, 44 years old) who was leashing the stairs from the third underground floor in Mapo-gu Seoul, Seoul, by her hand, turning her fel, and committing an indecent act at a densely-populated place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Selection of an alternative fine for punishment;

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. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted: (b) the effect of preventing recidivism is expected to be effective by registering personal information and completing an order to complete a sexual assault treatment program; and (c) the effect of preventing recidivism; and (d) the effect of preventing profits expected by the Defendant’s age, environment, occupation, and employment restriction order; and (e) the disadvantages and anticipated side effects of the Defendant’s disadvantage;

I think)

Where the conviction of this case 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 relevant agency pursuant to Article 43 of the same Act.

However, there are special circumstances that may not disclose personal information in light of the fact that there is no record of punishment for the same crime, recidivism of the registration of personal information, effects of victim protection, etc.

Since it is determined, the registered information is in accordance with 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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