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(영문) 서울중앙지방법원 2017.02.14 2016고단8878
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 September 18:23, 2016, the Defendant: (a) around 23, 2016, around 230, the subway station and cultural park station located in the Jung-gu Seoul, Jung-gu, Seoul, the Defendant pushed down approximately 2 minutes of the Defendant’s sexual flag, with the Defendant’s awareness that the Defendant’s sexual flag was closely adhered to the victim’s mack, while being pushed back to the victim’s macker in the front line, which is located in the 230-ro of the Jung-gu, Jung-gu, Seoul, with a 308-ro erode of the Seoul Jongno-gu, Jongno-gu, Seoul.

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. Statement made by the police against C;

1. Application of Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, and the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse, and the proviso of Article 50(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse.

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