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(영문) 서울중앙지방법원 2016.08.12 2016고단3572

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On May 10, 2016, from around 09:11 to around 09:22, the Defendant boarded the electric train from the subway line C located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, to the front of the victim E (V, 28 years old) who was in front of being pushed away to D basin and was in front of being pushed back to D basin, and the Defendant her sexual flag contacted the Defendant’s sex on the part of the victim, until the said electric car was in the D basin.

Accordingly, the suspect committed an indecent act on the victim in the means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to each investigation report (as to the attachment of photographs related to the crime and the reasons for arrest);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not disclose personal information, in full consideration of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes that may be achieved therefrom, and the effect of protecting the victims.