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(영문) 서울동부지방법원 2018.07.12 2017고단3136

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On June 28, 2017, around 20:12, the Defendant committed an indecent act against the victim in the public means of transportation on the public means of transportation by holding it on the side of the victim G (V, 18 years old) and holding it in the passenger bus stops located in Gangdong-gu Seoul Metropolitan Government (C Station bus stops) within the E bus stops located in Songpa-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement related to G;

1. A H statement;

1. A criminal investigation report (CCTV verification);

1. Application of the photographic Acts and subordinate statutes;

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. Where a conviction on the criminal facts of this case against a defendant who is obligated to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, 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 thus the defendant is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship; the background and process of the instant crime; the benefits and preventive effects expected from the instant disclosure orders and the instant notification orders; the disadvantages and side effects therefrom; etc.), there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

As such, a disclosure order or notification order shall not be issued to the defendant.