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(영문) 서울중앙지방법원 2014.09.03 2014고단4790
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On June 5, 2014, at around 22:19, the Defendant committed an indecent act on the victim’s sexual organ at a non-public means of transportation in a non-hulled rice string, after attaching the victim’s sexual organ to the victim’s her her her turb in the front-time train of subway 2 located in Gangnam-gu, Gangnam-gu, Seoul, along with the subway 396, in the direction of the station.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Articles 70 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 of the accused against the sex offense subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the same Act and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act, in consideration of all the sentencing conditions, including the Defendant’s age, occupation, character and conduct, family relationship (the mother of the accused's mother has taken the lead to the Defendant) and circumstances before and after the crime.

In light of the Defendant’s age, occupation, risk of recidivism, type, 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 which may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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