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(영문) 수원지방법원 2017.09.14 2017고단4290

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On February 16, 2017, the Defendant: (a) 20:45, the Fbuckbucks in the vicinity of the “E” exit located in Yong-si, Young-si; (b) opened the seat adjacent to the left side of the victim G (inn, 24 years old, 14 years old, 24 years old); (c) opened the victim’s cell phone, and opened the victim’s left hand by using the gaps in which the victim reported the cell phone; and (d) continued to buckbucks and knicks.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G (tentative name);

1. Application of Acts and subordinate statutes to a notification of 112 case;

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. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. When a conviction on the instant criminal facts subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the Defendant becomes a person subject to registration of personal information under the main sentence of 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, details and motive of a 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 a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is ordered to disclose to the accused.