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(영문) 서울북부지방법원 2018.01.18 2017고단3858
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 5, 2017, at around 06:25, the Defendant committed an indecent act against the victim in a place where the public is concentrated by taking advantage of the victim E (V, 25 years old) who was intending to sleep in front of the 'D' dedicated water surface in Seongbuk-gu Seoul Metropolitan Government, and by taking advantage of the victim E (W, 25 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis and additional whitening);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- Where a conviction is finalized on the facts constituting a sex crime subject to registration, which is a crime subject to registration, because the victim was unlikely to feel sexual humiliation, - the registration of personal information that has no record of recognition of and reflect on the crime, or criminal punishment from the victim, and where the conviction is finalized, the Defendant is under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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