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(영문) 서울중앙지방법원 2015.08.21 2014고단8719
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

On August 22, 2014, at around 08:25, the Defendant committed an indecent act against the victim in means of public transportation, such as: (a) attached to the front line of subway No. 2, which was operated as a private watch station in the Seoul Western-dong Seoul Special Metropolitan City, in the front line of subway No. 2; (b) attached after the victim B (V, 27 years of age); and (c) attached to the victim B (V, 27 years of age).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on police statement No. B

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 has no record of being punished against the defendant, or that the defendant has no record of being punished against the defendant, and where the conviction of the defendant against the crime subject to registration of personal information is finalized by taking into account all the factors of sentencing indicated in the records, such as the defendant's age, occupation, character, conduct, family relationship, home circumstances, motive, means and consequence of the crime, etc., and the circumstances 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,

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 can be achieved therefrom, and the effect of the protection of the victim, etc., the personal information shall not be disclosed and notified pursuant to the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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