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(영문) 서울동부지방법원 2016.09.20 2016고단2434
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant is punished by a fine of one million won.

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

Reasons

Punishment of the crime

On June 3, 2016, at around 15:10, the Defendant viewed the motion picture in Category D, 5, a public concentrated place located in the second floor of the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City C Building No. 9). On June 3, 2016, the Defendant committed an indecent act against the victim by means of putting the Defendant’s hand on the part of the victim E (In this case, No. 19 years old), who was seated adjacent to the Defendant’s hand (No. 10 years old) with a long cover, and then she committed an indecent act against the victim by getting the Defendant’s hand back in the opposite direction.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statement protocol (includingF statement protocol) to E;

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

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

The reason for sentencing is that the defendant has no record of the same crime, and the degree of prosecution is relatively minor, and the victim is trying to punish the defendant.

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