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(영문) 서울중앙지방법원 2015.09.04 2015고단4113
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 30, 2015, at around 08:40, the Defendant: (a) committed an indecent act against the victim B, who was placed in the passenger room in the passenger room of subway 9, which is a means of public transportation in operation between the elderly station located in 130 in Dongjak-gu Seoul Metropolitan Government and the high-speed terminal station station located in Seocho-gu Seoul, Seocho-gu, Seoul, by means of the distribution of new stocks, committed an indecent act against the victim B, who committed an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the confession and reflection of the instant crime, the absence of any other criminal records, and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account in light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims, etc.

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