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(영문) 서울남부지방법원 2019.09.17 2018고단3405
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 10, 2018, at around 21:45, the Defendant committed an indecent act against the victim by making four times the left chest part of the victim's hand while the Defendant was making a fluorcing with the victim D (the name, the fluor, the 27 years old) and the fluorial seat of the electric vehicle before the Yeongdeungpo-gu Seoul Metropolitan Government Station C platform 10-1 (fire prevention).

Accordingly, the defendant committed indecent acts against the victim in the public transportation means which are densely concentrated places by the public.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the legal statement of witness D;

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. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program ( difficult to expect an effect of an order to complete program due to

1. When a conviction on a sex crime subject to registration becomes final and conclusive under Article 62(1) of the Criminal Act (such as the elderly and the health of the accused, etc.), 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 authority pursuant to Article 43 of the same Act.

In addition, considering the defendant's risk of recidivism, the content and motive of the crime, the method and consequence of the crime, seriousness of the crime, disclosure order, notification order, employment restriction order, the degree of disadvantage and anticipated side effects of the defendant's suffering, the preventive effect of the sexual crime subject to registration that can be achieved, and the effect of protecting the victim, the defendant's personal information is disclosed or notified.

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