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(영문) 서울중앙지방법원 2013.10.31 2013고단4430
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 31, 2013, at around 07:38, the Defendant committed an indecent act against the victim by taking advantage of the gap between the surrounding areas and the victim C (L, 18 years of age) in the electric car operated from the pande of Seoul subway Line 4 to the sporade station, and by taking advantage of the gap between the surrounding areas, the Defendant committed an indecent act against the victim by taking the victim’s sexual intercourse closely with his her her mack, mack, and then by taking the victim’s mack

Summary of Evidence

1. Each legal statement of witness C and D;

1. Statement to C by the police;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Articles 70 and 69(2) of the Criminal Act, the accused 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 the accused is obligated to submit personal information to the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, details 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 prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order

The defendant is found guilty in light of the following circumstances acknowledged by the evidence established prior to the conviction.

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