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(영문) 수원지방법원 안산지원 2016.04.08 2016고단612

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

Criminal facts

On February 13, 2016, the Defendant added up the underground space of D stations in C at the time of light 23:00, within the subway line of subway No. 7, which had been operating from the digital end area to the station, the Defendant laid down the amb and amb and amb, by inserting the amb and ambane, which occurred on the side of the Defendant’s person, in order to collect the amb and amb and amb.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

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, selection of fines (where the defendant has a similar criminal record, the confession and reflect of the defendant, the fact that the defendant has reached an agreement with the victim, and where the last ten years has not any past record of punishment, excluding one time before the punishment of this kind);

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 Juveniles against Sexual Abuse (the disclosure and notification of personal information shall not be made in consideration of family relationship, change of family status, etc.) of the Act on the Protection of Juveniles against Sexual Abuse, where a judgment of conviction against the defendant on the facts constituting a sex crime subject to registration becomes final and conclusive, 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 submit personal information to the relevant agency pursuant to Article