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(영문) 서울중앙지방법원 2013.09.13 2012고정5675
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 15, 2012, around 22:40, the Defendant committed an indecent act against the victim at a public smuggling place while the train arrived at the station and waiting to open the entrance within the 4-way-dong-dong-dong-dong-dong-dong-dong-ro, Seongbuk-gu, Seongbuk-gu, Seoul.

Summary of Evidence

1. Application of the Act on the Legal Statement of Witness C

1. Article 11 of the relevant Act on the Punishment, etc. of Sexual Crimes and the Special Act on the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereafter the same shall apply in force on June 19, 2013) subject to the option of criminal facts;

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

1. Where a conviction against a defendant is finalized in relation to a crime subject to registration of personal information and 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 the head of a competent police office

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 disadvantage due to an order to disclose or notify personal information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or 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 to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the following factors:

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