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(영문) 서울동부지방법원 2018.05.04 2018고정50
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be 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 October 5, 2017, at around 07:55, the Defendant committed an indecent act by making soup to the right chest of the victim F (the age of 25) who locked in Gangdong-gu Seoul Metropolitan Government D.

Accordingly, the Defendant committed indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. Application of the Act and subordinate statutes to a criminal investigation report (on-site CCTV image back business CD);

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. Article 47(1) and Article 49(1) proviso of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure disclosure order under Article 334(1) of the Criminal Procedure Act, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, consequence and crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order, the preventive effect and effect of the instant crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall not be disclosed)

Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered, the defendant is a person subject to registration of personal information pursuant to 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

The reason for sentencing is that the defendant is the primary offender and reflects his mistake, that the injured person does not want to be punished against the defendant by mutual agreement with the victim, that the degree of prosecution is relatively heavy, and the defendant's age, sex, environment, and motive for the crime.

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