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(영문) 서울중앙지방법원 2014.02.12 2013고단7352
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On October 21, 2013, around 07:14, the Defendant committed an indecent act against the non-hulled passenger by attaching the sexual flag generated behind the victim C (V, 29 years old), etc. in the front dong section of the subway line located in the subway line located in the 366 subway line located in Guro-dong, Dongjak-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness C and D;

1. Application of the police protocol law to C

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

1. Selection of an alternative fine to impose a sentence (or, although the accused does not seem seriously reflect on his/her mistake, taking into account the fact that the accused is an initial offender who has no record of crime, the degree of indecent act, etc.);

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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information 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

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved by the Defendant’s entrance, the preventive effect of sexual crimes subject to registration, the effect of protecting the victims, etc., the Defendant’s personal information disclosure order or notification order shall be determined as having any special circumstance that shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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