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(영문) 서울중앙지방법원 2015.07.03 2015고단2908
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On March 30, 2015, the Defendant, along with subway 2, committed an indecent act in the subway which is a means of public transportation, committed an indecent act on the victim’s her hand by using her her son and her son, after the victim D (n, 28 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes of D;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good, and the victim is obligated to submit personal information to a related agency pursuant to Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in case where a conviction against the defendant on the criminal facts subject to registration of personal information is finalized by taking into account all of the sentencing factors indicated in the defendant's age, occupation, character and conduct, family relation, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., and the defendant is found guilty of the defendant on the criminal facts subject to registration of personal information.

The Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the defendant's age, occupation, risk of recidivism, type, motive, process 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, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the effect of protecting the victim, etc.

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