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(영문) 수원지방법원 안산지원 2016.10.07 2016고단341

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Criminal facts

On June 10, 2015, at around 23:45, the Defendant discovered that the victim C (n, 19 years of age) was on the entrance in order to get out of the upper part of the memorial district in Ansan-si, Ansan-si, the Defendant committed an indecent act by making out the victim’s her her turb on the left part, with his left hand, and committing an indecent act as follows, by making up the victim’s her turb on the left part in order to avoid the presence of the victim.

Accordingly, the defendant committed an indecent act against the victim in the subway train which is a means of public transportation.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Application of the police protocol law to C

1. Relevant Article on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fine (the denial of punishment, but the victim does not want the punishment of the defendant, and the fact that the defendant does not have the same body);

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive on the grounds that the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no previous record exists, family relations, previous circumstances, etc.) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.