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(영문) 서울중앙지방법원 2014.10.17 2014고단6209
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to two years of suspension of the execution of the Defendant’s imprisonment with prison labor for occupational breach of trust at the Seoul Eastern District Court on August 21, 2014, and the judgment became final and conclusive.

On July 24, 2014, around 08:10, the Defendant: (a) on the street in front of the Central Market, 87-ro, Jung-gu, Seoul, the numberless 147, and (b) on the street in front of the Central Market, the Defendant: (c) sealed the card; (d) while the victim B (here, female, and household name) tried to do so, the Defendant Da Da Dak “wel kk kk kn kn kn kn

Accordingly, the defendant committed an indecent act on the victim in a public transport bus.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Previous convictions: Court rulings and application of Acts and subordinate statutes of case search;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

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

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the Defendant’s age, occupation, risk of recidivism, motive, method, seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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