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(영문) 수원지방법원 안산지원 2018.03.14 2017고단3487

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On June 13, 2017, around 18:30 on June 13, 2017, the Defendant committed an indecent act against the victim within the 15 minutes of public transportation, a means of mass transportation, until he arrives at the F station, which is a public transportation route, by closely sticking the sexual flag from the victim E (n, 36 years of age) in the D Station 1 line, Dong-dong, Dong-gu, Seoul, Dong-gu, Seoul.

2. On June 15, 2017, around 18:33, the Defendant committed an indecent act on the victim’s 10 minutes of mass transport within the electric train, a means of public transport, until he arrives at the G station, which is the same route, in a manner of closely sticking the sexual flag from the victim E (n, female, 36 years of age) in the D Station 1 line, Dong-gu, Seoul, Guro-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 provide personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, 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 that may be achieved therefrom, and the protection effect of the victim, etc., the Defendant shall not disclose personal information.