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(영문) 서울북부지방법원 2014.09.03 2014고단1794
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On March 24, 2014, at around 07:45, the Defendant committed an indecent act against the victim at a public smuggling place in a manner that makes it difficult for the victim to report and commit an indecent act on the victim C, i.e., getting out of stairs in the entrance No. 7 subway Station No. 5 located in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, with the victim’s side while going through through the victim’s back, and in a manner that makes it difficult for the victim to look back into the left side of the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

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. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined as ordered by taking into account the following circumstances: (a) the defendant is the first offender and reflects the sentencing; (b) the defendant’s age, character and conduct, family relationship, motive, means and consequence of the crime; and (c) the defendant’s age, character and conduct

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information 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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