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(영문) 서울중앙지방법원 2013.09.12 2013고단4595

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 18, 2013, around 07:52, the Defendant, within the subway 2 subway lines in Dobong-gu, Seoul Special Metropolitan City, was in operation to the Gangnam Station, was pushed down after the victim B (V, 27 years old) by using the gap where the surrounding areas are mixed, and was flicked in his sexual organ to the victim's her her mack, and her mack with the left hand.

Accordingly, the defendant committed an indecent act on people in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Articles 70 and 69(2) of the Criminal Act, the accused 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 accused is obligated to submit personal information to the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order