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(영문) 서울중앙지방법원 2020.10.29 2020고단5630
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

At around 18:55 on April 16, 2020, the Defendant: (a) 9 lines 9 lines 4 lines 5 lines 9 lines 9 lines 4 lines 4 lines 9 lines 9 lines 4 lines 27 years her front part, such as the victim B (a name, female, 27 years 27 years of age).

Accordingly, the Defendant committed an indecent act against the victim on the electric car, which is a place where the public is concentrated.

Summary of Evidence

1. Application of each Act and subordinate statutes to the police's written statement of the defendant concerning the defendant's legal statement B (tentative name), investigation report (the reproduction of a documentary evidence CD and a compilation photograph) (the reproduction of a CD and a compilation photograph) by committing an indecent act in the air

1. Article 11 of the relevant Act on Criminal Crimes and the Special Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) for which the choice of punishment is made;

1. Articles 70 (1) and 69 (2) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Punishment, etc. of Sexual Crimes Committed to Prison Detainment;

1. If a conviction on the crime committed in the judgment of the court below which stated that the provisional payment order should be registered and submitted under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 is obliged to submit personal information

Considering the Defendant’s age, occupation, type, motive, process of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the foregoing order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting victims, etc., it is determined that there are special circumstances where the Defendant’s personal information should not be disclosed or notified or his/her employment should not be restricted.

Therefore, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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