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(영문) 서울중앙지방법원 2017.04.28 2016고단8281
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 30, 2015, around 19:20, the Defendant attempted to commit an indecent act by spreading the inner part of the victim’s name buckbucks inside the boundary of subway No. 4 lines in Seoul, Jung-gu, Seoul, with the Defendant’s left side (the presumption that the Defendant is China at the beginning of 30th century). However, the Defendant did not commit an attempted act with the wind that may occur on the part of the victim.

Accordingly, the defendant attempted to commit an indecent act by force against the victim.

Summary of Evidence

1. Legal statement of witness F;

1. Application of the law of the police statement protocol to F;

1. Relevant legal provisions of the Criminal Act and Articles 300 and 298 of the Criminal Act concerning the crime, the choice of fines (including the attempted crime and the absence of the same criminal record);

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 repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to 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) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the court did not issue an order of disclosure and notification to the defendant.

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