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(영문) 서울중앙지방법원 2014.11.14 2014고단6287
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 27, 2014, at around 12:51, the Defendant was boarding the bus No. C 3100 at the bus stops located in the west-dong, Seoul Special Metropolitan City, Nowon-gu, and subsequently was moving to the next seat of the victim D (age 27 years old), and was moving to the seat of the victim. The Defendant publicly obscenity committed an obscene act, such as getting off the brue and spreading his sexual organ, while the victim was able to protect.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Smuggling Places) committed an indecent act against the victim at a public gathering place, such as the victim’s buckbucks, by taking his sexual organ out at the same time and place as set forth in paragraph (1).

Summary of Evidence

1. Statement made to D by the police;

1. Photographs;

1. Application of CCTV image Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, the choice of punishment, Article 245 of the Criminal Act, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. If a conviction on a crime committed in violation of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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

The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, and the prevention of sexual crimes subject to registration which can be achieved due to such order.

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