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(영문) 서울중앙지방법원 2015.10.30 2015고단5478
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall commit an indecent act on another person in any means of public transportation, place of public performance or assembly, or any other place crowded with the general public.

Nevertheless, around 08:32 on April 30, 2015, the Defendant committed an indecent act against the victim in a way that the victim gets in the subway 2-1, which was located in Seoul Special Metropolitan City, with 22-1, in his hands from the subway 5-3 square platform in Seoul Special Metropolitan City, and knife the victim’s chest and knife at the victim C, etc., followed by the victim C, etc., with his chest and knife at the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant legal provisions concerning facts constituting an offense, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines ( considered as the initial offender and the reflection thereof);

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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 the competent agency pursuant

The personal information shall not be disclosed and announced in accordance with 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) in comprehensive consideration of the defendant's age, occupation, risk of recidivism, motive of the crime in this case, method of the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc.

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