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(영문) 서울중앙지방법원 2015.10.16 2015고단5140
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall commit an indecent act on another person in any means of public transportation, place of public performance or assembly, or any other place crowded with the general public.

Nevertheless, around 09:00 on April 10, 2015, the Defendant was able to knee, knee, knee, knee, knee, knee, knee, the victim’s knee, knee, from the offline of the outer cycle of the subway 2, which is in the direction of the shift shift from the subway 1129, the subway 1129, Gadong-dong, Dongjak-gu, Seoul.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, and Selection of a fine (the previous conviction of the same kind of fine, but the agreement with the victim);

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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense 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 is obligated to submit personal information to the competent agency pursuant

In full view 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 preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the Defendant’s exemption from an order to disclose or notify personal information, and 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse

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