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(영문) 서울중앙지방법원 2017.06.30 2017고단2311
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On February 12, 2017, around 06:45, the Defendant her “C club” located in Seocho-gu Seoul Metropolitan Government (hereinafter “C club”), her horses to the victim D (the 26-year old age), put his/her hand on the shoulder, and the victim refused to do so, and her her son was her own hand after the victim’s refusal to do so.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. If a judgment of conviction on the facts constituting a sex offense subject to the registration of personal information under Article 59(1) of the Criminal Act (the commission of an indecent act in a club, the attitude and behavior of the victim, the payment of one million won to the victim, the confession and reflect of a crime, the fact that there is no record of criminal punishment, and other circumstances including the defendant's age, sex, family relationship, etc.) of the suspended sentence becomes final and conclusive, the defendant is 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 to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual assault 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 and Juveniles against Sexual Abuse, and the proviso of Article 50(1) proviso.

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