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(영문) 서울중앙지방법원 2019.02.14 2018고단8121
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On June 18, 2018, at around 22:30, the Defendant committed an indecent act against the victim in a densely densely-populated place, such as committing an indecent act against the victim D (n, 21 years of age) who supported the large screen in Jongno-gu Seoul Metropolitan Government C, with his finger, and committing an indecent act against the victim at a high-populated place.

Summary of Evidence

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of D police statement;

1. Photographs of text messages;

1. One copy of video CD submitted by the victim;

1. Application of Acts and subordinate statutes on detailed statement of reported case settlement; and

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

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In full view of all the circumstances such as disclosure order, notification order, and exemption of employment restriction order, Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the risk of recidivism of a sexual crime is low in light of the fact that the defendant has no same criminal record, the details, methods, and circumstances of the crime, and the fact that the defendant can be seen to have the effect of preventing recidivism even if he/she has completed personal information registration and treatment program for sexual violence, and other social benefits expected by the disclosure order, notification order, and employment restriction order, the effects expected by the defendant's disadvantage and anticipated side effects, etc., it is determined that there is no special reason to disclose or notify the defendant's personal information or order employment restriction to children and juveniles-related institutions, etc.).

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