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(영문) 서울남부지방법원 2015.11.18 2015고단3979
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 10, 2015, the Defendant: (a) around August 20, 2015, around the first floor of C department stores located in Yeongdeungpo-gu Seoul Metropolitan Government C department stores located in B, (b) side of the victim E (n, 22 years of age) located in shopping, and (c) the victim’s right tampt became his hand.

Accordingly, the defendant committed indecent acts against the victim at the department store, which is a place where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Application of the written statements to the victim;

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. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive on the judgment that constitutes a sex crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant’s entrance, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of the protection of the victim, the favorable circumstances as seen earlier, etc., the Defendant is not 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, and thus, the Defendant is not ordered to issue an disclosure order or notification order to the Defendant.

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