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(영문) 서울북부지방법원 2018.05.03 2018고단463

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 23, 2017, the Defendant, at the central line platform of the E Station located in Seongdong-gu Seoul Metropolitan Government, 18:27, the Defendant met with the victim’s her son after the victim(s). On December 23, 2017, the Defendant continued to board the train, and became the victim’s her son after the victim’s her son at the entrance.

When the victim moves to another place, the defendant continued to move the victim, and the victim was her her son.

As a result, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to victims;

1. Relevant legal provisions and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 competent agency pursuant to Article 43 of the same Act.

The reason for sentencing is that the defendant has been punished in Korea.