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(영문) 서울중앙지방법원 2014.07.23 2014고단3710
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On April 14, 2014, at around 18:20, the Defendant committed an indecent act against the victim in means of public transportation, such as detecting the victim C (n, 22 years of age) who was suffering from snackers on the platform of the subway station located in Gangnam-gu Seoul Gangnam-gu, Gangnam-gu, and discovering the victim from the subway station operating the sncheon Station as a sncheon Station, and taking the victim’s snack on the rear side of the victim within the snick Station until arrival at the sncheon Station.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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

1. In a case where a conviction against a defendant for a sex crime subject to registration of personal information has become final and conclusive by taking into account all the elements of sentencing, including the defendant's age, family type, family relation, and social relationship, since 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, the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration to be achieved therefrom, and the effect of protecting the victims, etc.

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