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(영문) 서울중앙지방법원 2014.10.31 2014고단5897
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

피고인은 2014. 5. 13. 08:24경 지하철 2호선 서울대입구역에서 교대역으로 가는 전동차 안에서 피해자 C(여, 38세)의 뒤쪽에 몸을 밀착하고 성기를 피해자 엉덩이 부위에 대고 비벼댔다.

In this respect, the Defendant committed indecent act against the victim at a public gathering place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law 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. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); 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) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive for, method of the crime in this case, seriousness of the crime, and anticipated side effects of the crime, the disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sexual crimes subject to registration which may be achieved thereby, and the effect of protecting the victims thereof, etc.

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