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(영문) 서울중앙지방법원 2014.04.25 2013고단5286

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 08:00 on July 9, 2013, the Defendant used a gap of the surrounding areas of subway 2 subway lines located in Dobongcheon-gu, Seoul Special Metropolitan City, in the front line that flows into the private road in the Seoul metropolitan area, and caused the victim’s her son by hand after the right side of the victim C (the son, 32 years of age).

Accordingly, the defendant committed an indecent act against the victim in the populated electric vehicle.

Summary of Evidence

1. Statement made by C by a witness in the sixth trial records;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes concerning video recording the status of crimes;

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

1. Articles 70 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 the conviction of the defendant against the crime subject to registration of personal information becomes final and conclusive with respect to the judgment that is a sex crime subject to registration of personal information and the degree of indecent conduct that has no record of punishment for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, 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

In light of the Defendant’s age, occupation, 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 which 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 under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

It is so decided as per Disposition for the above reasons.