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(영문) 서울중앙지방법원 2015.01.21 2014고단9165
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 October 16, 2014, around 19:20 on October 16, 2014, the Defendant committed an indecent act on people in a densely densely-populated place in a manner that meets the sound part of the victim, following the passage of subway 1 and 4 transfer lines adjacent to the Seoul Station, and the passage of the victim C (n, 25 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Statement to C by the police;

1. C Application of the Acts and subordinate statutes governing filing of 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment of conviction becomes final and conclusive with respect to a crime subject to the registration and submission of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, in consideration of the following: (a) the defendant is led to confession in court; and (b) the defendant reflects his/her mistake; (c) the defendant is the primary offender; and (d) the age, character, family relationship, means and consequence of the crime;

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the 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 and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, it is determined that there are special circumstances that the disclosure or notification of personal information should not be disclosed or notified.

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