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(영문) 서울중앙지방법원 2015.05.01 2015고단1533
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On February 10, 2015, the Defendant: (a) around 8:10, the Seongbuk-gu Seoul Bomunmun-dong 1 used the victim C (the age of 33) to the new station in the front-dong line of the 127-7 subway No. 6 of the subway No. 127-7 subway No. 6 of the subway No. 1201; and (b) used tacks and bucks with left hand, and committed an indecent act against the victim at the public

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

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. The defendant, on February 2, 2013, was sentenced to a fine for the same crime even though of Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the victim acknowledges the defendant's mistake and reflects the defendant's mistake, taking into account the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, and other circumstances revealed in the records, where the conviction of the defendant against the criminal facts subject to registration of personal information becomes final and conclusive, 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 related agencies pursuant to Article 43

In full view 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 special circumstances 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 shall be prohibited.

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