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(영문) 서울중앙지방법원 2014.09.03 2014고단4837
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On June 27, 2014, at around 08:53, the Defendant committed an indecent act against the victim in the means of public transportation by rhumping the victim’s sexual flag on the part of the victim’s her turb, after being attached to the victim’s her turb, and writing down the victim’s turbbbbs and turs in the front line of subway 2, which is in the south-gu Seoul Metropolitan Government Southern cycle, in the direction of Gangnam Station.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of the Act and subordinate statutes to investigation reports (criminal video CDs);

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

1. Articles 70 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 the conviction of a defendant against a sex crime subject to registration of personal information has become final and conclusive by taking into account all the conditions of sentencing, including the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., that the defendant confessions the defendant and reflects his/her mistake, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type, 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 which may be achieved therefrom, and the effect of the protection of the victim, etc., the Defendant shall be deemed to have any special circumstance that may not disclose and notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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