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(영문) 서울남부지방법원 2019.07.17 2019고단148
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 December 25, 2018, at around 14:45, the Defendant committed an indecent act by putting the victim B (n, 26 years old) who knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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 conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43(1) of

Pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, comprehensively taking into account the defendant’s age, occupation, criminal history, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and effect of the disadvantage of the defendant accused due to the employment restriction order, the degree and effect of the victim’s protection, etc.

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