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(영문) 서울중앙지방법원 2013.07.19 2013고단3452
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 3, 2013, at around 09:10, the Defendant, at the time of May 3, 2013, committed an indecent act on the victim B (V, 22 years of age) who had viewed the sexual flag part of the victim B (V, 22 years of age) who was in the direction of the unity of the same route among the persons concentrated in the electric trains of 2108, which was operated in the direction of the same route in the mountain basin of Yeongdeungpo-gu Seoul Metropolitan Government 5, Mansan-dong, 323-1 subway 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines, etc. concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime 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 the defendant is obligated to submit personal information to a related agency under

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and 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 and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall not be ordered to disclose or notify personal information.

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