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(영문) 서울남부지방법원 2015.04.27 2015고단59
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On December 5, 2014, around 09:16, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) committed an act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Place) with the floor of hand seated above the victim C (Influence, 34 years of age) from the 3rd column of the front 1905 East-gu Seoul Metropolitan Government Operation.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

2. A defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) taken two times on July 28, 2014 using the Defendant’s mobile phoneless camera-flacing function, where he/she was seated with a shorter radius within the Gyeonggi bus with no identification of numbers from July 28, 2014.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. One copy of a nameless female photograph;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. Relevant Article on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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 conviction of the accused is finalized on the facts constituting a sex offense subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal 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 a related agency pursuant to Article 43

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