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(영문) 서울중앙지방법원 2013.10.14 2013고정1971
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 08:30 on February 20, 2013, the Defendant committed an indecent act against the victim in the means of public transportation, where the victim D (n, 23 years of age) was her hands in the electric train near subway 2, subway lines in Dongjak-gu Seoul Metropolitan Government Saridong, with his hand inside the subway 2, which is located in the subway station located in the Garidong.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D’s legal statement (In full view of the indecent act committed by the victim at the time of the instant crime, the location of the defendant and the victim, the circumstance in which the victim was designated as an indecent act, the response of the defendant as an indecent act immediately after the defendant was identified as an indecent act, etc., it can be acknowledged that the defendant intentionally committed an indecent act in light of the law applicable).

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

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 334(1) of the Criminal Procedure Act, which is a sex crime subject to registration, 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 the defendant is obligated to submit personal information to a related agency pursuant to

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 and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose and notify personal information pursuant to 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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