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(영문) 수원지방법원 2015.03.19 2014고단6456

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 19, 2014, around 16:40, the Defendant committed an indecent act by force against the victim C (V, 22 years of age) who was in front of the Defendant’s seat in a set of subway train in the Suwon line in which the Defendant passed the sperm station located in Sungnam-si, Sungnam-si.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Application of each of the Acts and subordinate statutes written in C and D;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of a selective fine (such as the absence of previous convictions and imprisonment without prison labor or heavier punishment, and the absence of any record of such punishment, and the lack of health status);

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. Where a judgment of conviction against a defendant on a sex crime subject to registration becomes final and conclusive in regard to the crime subject to the obligation to 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 is obligated to submit personal information

In full view of the Defendant’s age, risk of repeating a crime, type, motive, process, consequence, and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.