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(영문) 서울남부지방법원 2015.07.15 2015고단1821
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On April 16, 2015, the Defendant reported the victim C (n, 32 years of age) suffering fright from the subway train in the subway line 1 subway line operated as a new picture station in the digital body area with additional 07:44, and attached the victim's left hand after drinking the victim's mind to commit an indecent act by using a complicated gap in the surrounding area and attached the victim's left hand.

Accordingly, the Defendant committed an indecent act on the victim in the electric car, which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the written statements to the victim;

1. Relevant legal provisions concerning facts constituting an offense, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (including the fact that the accused is repenting of wrong facts, the fact that the accused does not have any previous conviction, and the fact that he/she has

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 and expected side effects of the disadvantage of the Defendant resulting from such order, the preventive effect and effect of the sexual crime 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 shall 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 to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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