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(영문) 서울남부지방법원 2015.09.04 2015고단2855

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 3, 2015, at around 18:46, the Defendant: (a) pushed the Defendant’s sexual flag fasted to the part of the victim’s her mared, and contacted the victim’s mared, and continued to have her sexual organ adhered to the victim’s mared to the mared from the mared to the mared to the mared from the mared of the arm’s length of Yeongdeungpo-gu Seoul Metropolitan Government 40 subway 9 to the mared to the mared, etc., and (b) contacted the victim’s mared to the part of the victim’s mared within the mared in the mared mared to the mared.

Accordingly, the Defendant committed an indecent act against the victim in subway stations and electric trains, which are places where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

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

1. An order to disclose or notify registered information under Article 334(1) of the Criminal Procedure Act, and an order to disclose or notify registered information exempted from notification, need to be prudent in that it may have a significant impact on the Defendant. In this case, the Defendant does not have any previous error, and it is difficult to deem that an indecent act committed to the extent that it is necessary to disclose or notify personal information, and that the registration of personal information alone leads to a certain degree of effect to prevent recidivism of the Defendant. In light of the above, it is determined that there are special circumstances that may not disclose or notify personal information, and thus, it does not issue an order to disclose or notify registered information.

Where a conviction against the defendant is finalized on the criminal facts in the judgment that are subject to registration and submission of personal information.