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(영문) 서울남부지방법원 2015.06.24 2015고단1299

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 25, 2015, around 08:36, the Defendant: (a) reported the victims C (n, 18 years old) suffering in subway 2 lines operated as the Sisan Station in the subway 2 lines; and (b) used the gap around the subway stations in a mixed manner in order to commit an indecent act against the victims; and (c) provided the sound records of the victims.

Accordingly, the Defendant committed an indecent act on the victim in the electric car, which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

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

1. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive on the judgment that constitutes a sex crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to 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 is obligated to

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant’s entrance, the preventive effect of sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, circumstances favorable to the above, etc., the Defendant is determined to have any special circumstance that may not disclose and 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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant is not ordered to issue the disclosure order or notification order to the Defendant.