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(영문) 서울중앙지방법원 2015.01.21 2014고단8988
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 November 11, 2014, at around 05:45, the Defendant entered a water surface room installed at the “Dracka” underground floor of the Seocho-gu Seoul Metropolitan Government “Cbuilding,” and approach the victim E (35 years of age) who is diving with the customer’s access to a water surface so as to make it possible for the customer to have access to the earth surface of one water surface with free access, and he rhyms the victim’s chest and gender, and rhys the body, such as the victim’s chest and gender, into the right part of the right part.

Accordingly, the Defendant committed an indecent act against the victim in a private letter or water surface room, which is a public place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of E;

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

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

1. In a case where a conviction becomes final and conclusive with respect to a sex offense subject to registration, which is subject to registration, by taking account of the fact that the defendant has no criminal record of the same kind of offense, and the age, character and conduct, means and consequence of the crime, circumstances after the crime, etc. of the defendant, 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 thus, the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, content 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 therefrom, and the effect of protecting the victims, etc., personal information shall be personal information.

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