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(영문) 서울중앙지방법원 2014.08.13 2014고단4097
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 11, 2014, from around 07:50 to 08:05, the Defendant committed an indecent act against the victim in the means of public transportation by holding the victim’s her her mare, her son, her son, her buck, herbbbs, and herb in the front line of the subway line, which was operated on the new road basin located in the new road in Yeongdeungpo-gu Seoul Metropolitan Government as the front line of the Seodaemun-gu Seoul Metropolitan Government (Seoul), within the front line of the subway line 5, which was operated on the side of the victim C (bee 23 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of C’s written laws and regulations

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 against the defendant is finalized in regard to the crime that constitutes a sex offense subject to registration of personal information, taking into account all the factors of sentencing, such as the defendant's age, family type, family relation, and social relationship, that the defendant is the first offender, and 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, the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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