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(영문) 서울중앙지방법원 2015.06.09 2014고정5780
성폭력범죄의처벌및피해자보호등에관한법률위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 16, 2013, at around 00:38, the Defendant discovered that the victim E (the 14-year old age) is living together in the soil digging area set up in the 'Drup 12th floor' water surface of the building C, Jung-gu, Seoul, Seoul, the Defendant committed an indecent act against the victim at a place where the public is concentrated, such as rhythm and shoulder of the victim's face and shoulder with the victim's own soil digging.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Where a conviction against a defendant is finalized in regard to the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 186 (1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to the head of

In full view of the Defendant’s age, occupation, risk of recidivism, content and motive of the instant crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, the effect of the victim protection, etc., the Defendant’s personal information should be disclosed and notified.

However, the system of disclosure and notification order of personal information under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is different from punishment for the purpose of responding to sex offenders.

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