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(영문) 서울중앙지방법원 2015.09.11 2015고단4146
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

On June 19, 2015, around 08:27, the Defendant committed an indecent act on the victim’s sexual flag in the subway where the victim’s her her mare in a passenger transport vehicle, which is a means of public transportation, with his macker in the middle line of subway No. 2, located in the south-gu Seoul Special Metropolitan City, Seoul Metropolitan City, in the front line of the subway No. 1822, after the victim C (V, 20 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be that the defendant, who does not have any same criminal record, wishes to punish the defendant and does not repeat the crime. In addition, where the conviction of the defendant against the criminal record of a sex crime subject to registration of personal information becomes final and conclusive by taking into account the defendant's age, occupation, character, personality and behavior, family relationship, home circumstances, motive, means and consequence of the crime, etc., and all of the sentencing factors indicated in the record, such as the circumstances after the crime, etc., 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,

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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