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(영문) 서울중앙지방법원 2019.05.03 2019고정157
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 9, 2018, around 08:58, the Defendant committed an indecent act in the subway, which is a public transportation facility, on the part of the Defendant: (a) committed an indecent act on the part of the Defendant, within the subway 9 line rapid train operated in the direction of the Dongjak-gu Seoul Metropolitan City 40 Kindo basin, following the victim B (n, 21 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the respective laws and regulations in C and B;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for 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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is 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 the head of

In full view of the defendant's age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of consequence and crime, disclosure notification and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the defendant's entry, the prevention and effect of sexual crimes subject to registration which can be achieved thereby, the protection effect of the victim, etc. of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 47(1) and Article 49(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the defendant shall be deemed to have no special circumstances where the personal information shall not be disclosed or notified

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