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(영문) 부산지방법원 2015.03.25 2014고단8924

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On August 1, 2014, the Defendant: (a) around 23:00, operated the front-time railway station and the documentary railway station of Busan subway 2, Busan, which is located in the front-dong, Busan, and (b) on August 1, 2014; (c) was able to use the bucks of the victim C (the age of 23) with the bucks; and (d) continued to use the bucks of the victim, thereby making the Defendant up for the bucks of the victim.

Therefore, the defendant committed an indecent act against the victim in the subway, which is a densely concentrated place for the public.

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. Statutory mitigation under Articles 11 and 55 (1) 6 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information as a deaf-mute who is subject to registration of a sexual crime through the completion of a sexual assault treatment program, 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

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 may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to 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.