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(영문) 서울북부지방법원 2014.04.23 2014고단396
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 19, 2013, the Defendant was trying to get out of the subway 5 subway lines near Dongdaemun-gu Seoul Metropolitan Government, and get out of the subway 5 subway lines around the Dongdaemun-gu, Dongdaemun-gu, Seoul, the Defendant was able to have his her her mared with the victim C (the mare, the 16-year old) by using the mixed mared, and continued to have his mared with the victim D (the mare, the 25-year old).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to C and D;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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. Fully considering all the circumstances, including the fact that there is no agreement with the victims of the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, and the fact that the Defendant has no previous conviction and reflects against the Defendant, the sentence

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant is judged 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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