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(영문) 서울중앙지방법원 2016.05.27 2016고단1441
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On December 13, 2015, from around 05:20 to around 05:40 on the same day, the Defendant committed an indecent act against the victim by making use of the victim D (Wuck, 20 years old) seated in the metropolitan bus in order to use the victim's hand over 20 minutes, etc., in the metropolitan bus in order to pass around 15380 YY 1538 YY-dong, Manyang-dong, Manyang-dong, Manyang-si, Manyang-si, and by using the victim D (hereinafter referred to as 20 years old) seated in next seat.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 Aggravated Punishment (the selection of punishment, the degree and degree of conduct of prosecution, the absence of any record of criminal punishment for the same crime, and the confession of and reflect on the crime, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual assault crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances that may not disclose personal information pursuant to the proviso of Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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