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(영문) 인천지방법원 부천지원 2013.11.27 2013고단2777
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 30, 2013, at around 08:10, the Defendant: (a) taken a erode in the eropic dynamics from the eropiced from the from the eropictic epic epic epic epic epicam, Seocheon-si, Seocheon-si; and (b) pushed the Defendant’s sexual organ back from the opening station to the Guroc epic epic epic epic, etc.; (c) opened the victim’s sexual organ at the victim’s epic epic son; and (d) carried the victim’s sexual organ at the victim’s epic epic epic e

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

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs of damaged parts, the method of committing a crime, and the closure thereof;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

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

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure 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 is obligated to submit personal information to the competent agency pursuant to Article 4

In light of the motive and background of the instant crime, severity of the crime, Defendant’s age, occupation, disclosure, and notification order, the degree of disadvantage to the Defendant and the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc. of the instant crime exempted from disclosure or notification order, it is determined that there are special circumstances that may not disclose or notify personal information. Thus, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the protection of children and juveniles against sexual abuse.

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