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(영문) 서울북부지방법원 2019.06.21 2019고정70
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On August 21, 2018, the Defendant committed an indecent act against the victim, following the victim D (the age of 49, the name of the victim) who was getting stairs from the subway history of Seongdong-gu Seoul, and the C Station history of the C Station, by inserting the hand into the head of the victim's head, and using the less part of the victim's neck.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Examination protocol of the accused by prosecution;

1. Statement made by the police in relation to D;

1. A written statement of D;

1. Application of Acts and subordinate statutes to 3 copies of cooperation in investigation data (the dispatch of a detailed statement for processing a report case), and a detailed statement for processing a report case 112;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the disclosure order and notification order of this case, disadvantage and side effects, etc., the Defendant’s personal information disclosure and notification order of this case shall not be disclosed or notified, and the special circumstances under which the restriction on employment shall not be ordered, shall not be ordered to disclose or notify the Defendant’s personal information, and any special circumstances under which the restriction on employment shall not be ordered pursuant to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes:

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 shall submit personal information to the head of a competent police office pursuant to Article 4

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