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(영문) 서울중앙지방법원 2018.05.16 2017고정3829
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From September 26, 2017 to about 20 minutes from around 19:18, the Defendant committed an indecent act against the victim by taking the body behind the victim D (V, 24 years old) in the subway operated from the subway station of the subway line 9 to the salt hold station located at the airport of 631 in Gangseo-gu Seoul, Gangseo-gu, Seoul, for about 18 minutes in the Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the victim;

1. Application of the Acts and subordinate statutes to the arrest of flagrant offenders; and

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

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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