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(영문) 수원지방법원 안산지원 2013.12.18 2013고단2650

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 9, 2013, at around 08:18, the Defendant committed an indecent act on the part of the victim in the subway station in the 614-driven train, which is operating between tinwater and stoke stations, by closely protruding the Defendant’s sexual organ after the victim’s name-in female.

2. On July 9, 2013, around 08:23, the Defendant committed an indecent act on the victim’s sexual organ within the subway station in a 614-driven train that is operating between tin water and stoxins by closely sticking the victim’s sexual organ after the victim’s B (n, 37 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (suspects' photographs of crimes (40 pro rata female cases);

1. Application of photographic Acts and subordinate statutes to the head of a crime;

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

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

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

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

5. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit his/her personal information to the head of a competent police office pursuant

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, 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 protection effect of the victim, etc., a sexual crime is committed.