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(영문) 서울중앙지방법원 2016.05.27 2016고단71
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 22, 2015, from around 03:30 to around 03:33, the Defendant committed an indecent act against the victim at E Ma or the surface room located in Seocho-gu Seoul Metropolitan Government, and at the victim F (V, 21 years old), who was divingd by the Defendant’s side, on his hand, at several occasions, at the victim F (V, amb, ambi).

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Selection of Sexual Crimes (the case where the victim who was divingd immediately next to the victim while being locked in the scam or the surface of the water was involved in an indecent act, and the case is not agreed with the victim, but the circumstances leading up to the prosecution, the degree and degree of the conduct, and the fact that there was no record of the same kind of crime, etc.)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual assault crime subject to registration that may be achieved therefrom, the effect of protecting the victims thereof, etc., there are special circumstances under which the disclosure of personal information may not be announced pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Therefore, it is determined.

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