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(영문) 서울중앙지방법원 2015.12.11 2014고단7166
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

On September 4, 2014, at around 08:0, the Defendant: (a) 130 9-rayed from the platform of the Dongjak-gu Seoul Metropolitan Government Nowon-gu Nowon-gu Labor Station, 130 9-ray 130 knife, knife, and knife the victim C (the 26-year-old) while moving to her action, she was pushed ahead with the victim, etc.

Accordingly, the defendant committed an indecent act against the victim in the subway where the public are concentrated.

Summary of Evidence

1. Partial statement of the police suspect examination protocol against the defendant;

1. Application of Acts and subordinate statutes of police statement protocol 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. 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. When a conviction of a sex offense subject to registration and submission of personal information becomes final and conclusive on the judgment that the victim of the sentencing of Article 334(1) of the Criminal Procedure Act intends to punish the defendant, 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 the relevant agency pursuant to Article 43 of the same Act.

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 the disclosure order or notification order, the prevention of sexual assault crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso 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) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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