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(영문) 서울중앙지방법원 2018.04.25 2017고정3180
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 June 2, 2017, the Defendant, around 17:18, committed an indecent act by 130 the Dongjak-gu Seoul Metropolitan Government Dem-ro 130, the air-populated place in the direction of Dongjak Station 9, the subway 9, the air-populated place in the direction of the Dongjak Station. The Defendant committed an indecent act by booming the victim C’s mack on the part of the macker and using the macker.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of the police statement protocol law to C

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

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

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

1. Where a conviction becomes final and conclusive on the grounds of the facts constituting a crime in which personal information is registered under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, any order to disclose or notify to the accused shall not be issued.

Although sentencing is not against criminal facts, it appears that the defendant seems to have taken the attitude of gathering the victim rather than against criminal facts, it is in particular against the defendant.

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