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(영문) 서울서부지방법원 2018.08.08 2018고단1988
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 31, 2018, around 13:30 on March 31, 2018, the Defendant d'D' in Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government or in the side of the victim E (25 years old) who was divingd in the male water surface room, and flicked the victim's sexual organ.

Accordingly, the Defendant committed indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Selection of a selective fine (to reflect his/her mistake, lead a sincere workplace life, to the extent that he/she does not want the punishment of a defendant by mutual consent with a victim, and to the extent that he/she does not have any record of criminal punishment, etc.);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted: (b) the effect of preventing recidivism is expected to be effective by registering new information and completing a program for treating sexual assault; and (c) the Defendant’s age, environment, occupation, benefits expected by an employment restriction order; and (d) the effect of preventing sex crimes; and (e) the disadvantage and anticipated side effects of

I think)

Where the conviction of this case becomes final and conclusive, 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 submit personal information to the relevant agency pursuant to Article 43 of the same Act.

However, there is a special reason to not disclose personal information in light of the defendant's age, occupation, effect of preventing recidivism of personal information registration, victim protection effect, etc.

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