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(영문) 서울중앙지방법원 2013.07.19 2013고단3450
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 19, 2013, around 08:40 on April 19, 2013, the Defendant was pushed back to the creb of the victim B (n, 22 years old), etc., who was populated in the creb of the subway 2 lines located in the subway 1, Dong 1112, Dong 1, Dongjak-gu Seoul Metropolitan Government, and 1112.

The Defendant committed an indecent act against the victim on the electric car, which is a means of public transportation, for about three minutes, until he arrives in the same route outflow.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines, etc. concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency under

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the order to disclose or notify personal information in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the following factors: (a) the Defendant’s age, occupation, risk of recidivism; (b) the motive and method of the crime in this case; and (c) the disclosure or notification order; and

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