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(영문) 서울중앙지방법원 2013.11.13 2013고단4818

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

On October 11, 2012, at around 18:25, the Defendant discovered the victim C (the age of 25) who was lowered from the electric vehicle to move to the high-speed terminal station of the Seoul subway Line 3, Seocho-gu Seoul, Seoul Metropolitan City subway Line 7-3, and met the victim's right chest by using the gap in which the other is congested.

Accordingly, the Defendant committed an indecent act against the victim on the subway platform, which is a place of public smuggling.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Each police statement of C;

1. Complaint;

1. Application of 10 copies of a photograph of a dynamic image at the scene of the crime, dynamic evidence photographs, and Acts and subordinate statutes concerning the suspect's photograph;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related

In light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.