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(영문) 서울중앙지방법원 2015.06.03 2015고단2377
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall commit an indecent act on another person in any means of public transportation, place of public performance or assembly, or any other place crowded with the general public.

Nevertheless, at around 08:32 on February 26, 2015, the Defendant committed an indecent act against the victim for about nine minutes in a way that the victim B (n, 21 years old) who had been placed in front of the 4-1 candle in front of the 2387 Jeon Dong-dong 4-1 candle of the subway No. 2387, a subway No. 11112, a subway No. 2387, a subway No. 1112.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of B’s written laws and regulations;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In a case where a conviction of a defendant against a sex offense subject to registration of personal information is finalized by taking into account the defendant's age, occupation, character and conduct, family relationship, and all of the sentencing factors indicated in the records, such as the defendant's age, occupation, personality and conduct, family relationship, etc. before and after the crime, 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 thus, the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

When considering the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of the crime, the degree and anticipated 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 protection effect of the victim, etc. comprehensively.

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