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(영문) 서울서부지방법원 2020.04.29 2020고정239
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 26, 2019, at around 22:03, the Defendant committed an indecent act against the victim in a densely concentrated place with the Defendant’s sexual flag in the part of the victim C (here, China’s nationality) who had reported a public performance at a street performance place located in Mapo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. A report on investigation (suspect evidentiary materials);

1. Investigation report (specific suspect);

1. Application of Acts and subordinate statutes to investigation reports (verification of moving pictures CDs);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency under

In full view of an order to disclose or notify the accused, the age, occupation, risk of recidivism, the type and motive of the instant crime, the process of the instant crime, the order to disclose or notify the accused, the degree of disadvantage to the accused and the effect of preventing sex crimes subject to registration that may be achieved therefrom, and the protection of the victim, etc., the order to disclose or notify the accused pursuant to the proviso to 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) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the proviso to Article 59-3(

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