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(영문) 서울중앙지방법원 2013.06.28 2013고단2964
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On May 16, 2013, from around 07:45 to 08:04 on the same day, the Defendant committed an indecent act against the victim on the electric car, which is a means of public transportation for about 19 minutes, until the victim C (n, 22 years old), etc., who was populated in the gap of passengers concentrated in the front section of the private road from the Yyang-dong-dong 1 to the front section of the private road. The Defendant committed an indecent act against the victim on the electric car, which is a means of public transportation for about 19 minutes, until he arrives in the private road by taking advantage of the victim C (n, 22 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police interrogation protocol against the defendant 1.C

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines, etc. concerning criminal facts;

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime 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 the defendant is obligated to submit personal information to a related agency under

In light of the Defendant’s age, occupation, risk of recidivism, 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, the prevention and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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