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(영문) 서울중앙지방법원 2016.01.29 2015고단5755
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On July 24, 2015, the Defendant committed an indecent act against the victim in the subway, which is a means of public transportation, in a fluent and non-hulled flance, on the part of the victim F (n, 20 years of age), after the victim F (n, fl, fl. 20 years of age) from D located in Gangnam-gu Seoul Metropolitan Government, along with the subway 22:15 to E.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the same crime, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act, on October 27, 201, even though he/she had been punished by a fine of one million won on July 26, 2007, and even if he/she had been punished by a fine of two million won on October 27, 2011, he/she recognized that he/she committed a second offense, and confirmed a conviction on the criminal facts in the judgment that are a sex offense subject to registration and obligation to submit personal information, and thus, 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.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention of sexual assault crimes that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the disclosure of personal information may not be notified 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, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is ordered to disclose to the accused.

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