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(영문) 서울중앙지방법원 2014.01.17 2013고단6704
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2013. 10. 2. 18:37경 서울 서초구 서초동에 있는 지하철 2호선 교대역을 출발하여 사당역으로 진행 중인 전동차에서, 피해자 C(여, 25세)의 뒤에 서서 피해자의 엉덩이 부위에 피고인의 성기를 비벼댔다.

As a result, the defendant committed an indecent act against the victim in the previous vehicle with concentration of the public.

Summary of Evidence

1. The witness D’s legal statement (the defendant does not recognize the facts constituting the crime, but the facts constituting the crime are acknowledged in full view of the evidence)

1. Application of the police protocol law to C

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Exemption from orders to complete a program (in consideration of the fact that the victim does not have any punishment against the defendant), proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 a related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

(b) for more than one year.

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