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(영문) 서울남부지방법원 2019.09.27 2019고단2700
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 17, 2019, at around 18:54, the Defendant committed an indecent act against the victim in a electric vehicle where the victim E (Inn, 28 years old) was closely frighted into the macker’s sexual organ in the subway line 9 subway stations located in Yeongdeungpo-gu Seoul Metropolitan Government, with the Defendant’s sexual organ closely attached to the macker in the D Station section D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on investigation (a statement attached to a victim);

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines (Considerations agreed with victims, etc.);

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is 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

In addition, considering the defendant's risk of recidivism, the contents and motive of the crime, the method and consequence of the crime, seriousness of the crime, an order of disclosure, an order of notification, an order of employment restriction, the degree of disadvantage and anticipated side effects to be affected by the defendant due to the crime, the preventive effect of the sexual crime subject to registration, the effect of protecting the victim, etc., it is determined that there are special circumstances that the defendant's personal information may not be disclosed or notified or the order of employment restriction may not be issued to the child or juvenile-related institutions and welfare facilities for the disabled. Thus, the defendant shall not be issued an order of disclosure, notification or employment restriction.

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