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(영문) 수원지방법원 2016.06.02 2016고단1305
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 January 12, 2016, from around 23:30 to around 00:31 on January 13, 2016, the Defendant boarded the seat bus in Gangnam-gu, Seoul, which is operated in the direction of acceptance at the bus stop, and was seated in the direction of the left side of the victim D (the age of 24).

The Defendant keeped the victim's losses, thereby putting them into the two legs between them, and the victim's buckbucks with the victim's losses.

Accordingly, the defendant committed an indecent act on the victim in a public transport bus.

Summary of Evidence

1. Statement by the defendant in court;

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

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 on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 exempted from an order to disclose or notify personal information, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect and effect of the sexual crime subject to registration which may be achieved due to such order, the effect of protecting the victim, etc., there are circumstances that the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

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