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(영문) 서울남부지방법원 2018.06.08 2018고단973
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 30, 2017, at around 03:30, the Defendant committed an indecent act against the victim, such as the victim E (V, 19 years old), who was under the influence of alcohol in his/her side while under the influence of alcohol, by inserting his/her hand into the inner part of the victim E (V, 19 years old), and continuously inserting his/her finger into the lower part of the victim, and by inserting his/her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

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 and Selection of Fines concerning the crime;

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 sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the Defendant is against the law and content of the instant crime; (b) taking into account the first offender who has no record of criminal punishment; and (c) the Defendant’s age, sex, environment, family relationship, circumstances of the crime, and circumstances after the crime, etc., the sentence identical to the disposition is imposed by taking into account all the factors of the sentencing indicated in the record.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to the head of the relevant agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information.

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