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(영문) 서울중앙지방법원 2015.03.27 2014고단10064
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 November 18, 2014, the Defendant, around 19:30 on November 18, 2014, entered the subway station of subway 2, subway lines in the Dongjak-gu Seoul Metropolitan Government Saridong, with the hands of the victim, who was located on the entrance and exit of the victim C (n, 25 years old).

Accordingly, the defendant committed an indecent act against the victim in the subway train which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant legal provisions concerning criminal facts, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines ( considered as the first offender);

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. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, 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 may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

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