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(영문) 수원지방법원 안산지원 2016.09.28 2016고단3095

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Criminal facts

On April 9, 2016, at around 22:00, the Defendant: (a) at an escalator in the direction of the heading 7 line from the D Station 7 to 4 lines in Dongjak-gu Seoul Metropolitan Government on April 22:0, 2016, the Defendant: (b) obstructed the victim’s gum from the victim E (nick, 20 years of age); (c) committed an indecent act against the victim at a place where the victim’s her am was concentrated, by removing the knick, attached to the victim’s am.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and the selection of fines (in cases where damage has not yet been recovered even though the defendant was led to confession and reflect, and in cases where the defendant has no past record of punishment except for one time before the penalty is imposed on the defendant);

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children Juveniles against Sexual Abuse (no previous provision shall be disclosed or notified in consideration of family relations, circumstances, etc.), where a conviction against a defendant against a sex crime subject to registration becomes final and conclusive, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.