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(영문) 서울중앙지방법원 2014.11.28 2013고단7651
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

Around 06:45 on September 8, 2013, the Defendant discovered the victim D (25 years of age) who was diving with a matrimonial partner and committed soup at the soup bank in Gwanak-gu in Seoul Special Metropolitan City, Seoul, to find out the victim D (25 years of age), to commit an indecent act against the victim, and to store the knbbbbbbb in the victim’s counter-buck, and to store the knbbbbb in the victim’s counter-buck, thereby committing an indecent act against the victim at the soup bank.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of D;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Where the conviction of a defendant against a sex offense subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, 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 a related agency

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

It is so decided as per Disposition for the above reasons.

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