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(영문) 서울중앙지방법원 2014.04.18 2014고단534
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 20, 2013, from around 08:15 to 08:20, the Defendant committed an indecent act against the victim at a public densely populated place, she was tightly booming the body of the victim B (here, 28 years old) after being pushed back in the rapid terminal station from the doer Station of Seoul subway 9 to the high speed terminal station.

In addition, the Defendant committed an indecent act against the victim at an open space over a total of 10 times from the above date to December 9, 2013, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration, etc. under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

In light of the Defendant’s age, occupation, risk of recidivism, 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 of sexual crimes subject to registration and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed and notified in accordance with 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, etc. of Children and Juveniles against Sexual Abuse.

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