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(영문) 서울중앙지방법원 2019.02.14 2018고정2206
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 June 22, 2018, around 07:47-07:50 on June 22, 2018, the Defendant committed an indecent act in a densely densely-populated place in a way that the victim’s her mare attached after the victim B (Gam, in the front line) within the front line of the front line of the Seoul subway Line 7 from the front line to the high speed terminal station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to B (tentative name);

1. 112 Reporting case management table;

1. Investigation reports (to reply to CCTV inside the train and to analyze CCTV inside the train) and the application of statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Comprehensively taking account of all the circumstances such as disclosure order, notification order, and exemption of employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender, the risk of recidivism of sexual crimes is low in light of the content, method, and circumstances of the crime, and the fact that the defendant can be seen to have the effect of preventing recidivism even through the registration of personal information and the completion of sexual violence treatment program, and other social benefits expected by the disclosure order, notification order, and employment restriction order, and the effect expected by the defendant's disadvantage and anticipated side effects of the sexual crime, the sentencing of the defendant's personal information is not sufficient and the defendant's crime is found to be committed against the defendant's victim who wants to impose a severe punishment against the defendant, and the defendant's charges are recognized.

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