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(영문) 서울동부지방법원 2018.11.09 2018고단2826

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 30, 2018, at around 21:50, the Defendant used 53 and 2 lines in the river basin in Gwangjin-gu Seoul Special Metropolitan City, the Defendant was able to write down his hand on the right side of the victim C (V, 19 years old) who was seated on the Defendant’s right side.

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each investigation report (No. 6,7) at a net time;

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

1. Article 47(1) and Article 49(1) proviso of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure disclosure order under Article 334(1) of the Criminal Procedure Act, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive and method of committing the instant crime, consequence and crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order, the preventive effect and effect of the instant crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall not be disclosed)

Article 56 (1) proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of the crime, result of the crime, risk of recidivism, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from employment restriction order

I think)

When a conviction becomes final and conclusive on the facts constituting a crime on which personal information is registered, the defendant shall be subject to special cases on the punishment of sexual crimes.