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(영문) 서울중앙지방법원 2013.07.24 2013고단3453
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

피고인은 2013. 3. 22. 07:40경 서울 서초구 방배동 225에 있는 지하철 2호선 방배역을 운행하는 전동차 안에서 밀집한 승객들 틈에 서 있던 피해자 B(여, 29세)의 등 뒤에 밀착하여 성기 부분을 피해자의 엉덩이에 밀착시키고 비벼댔다.

In such a way, the Defendant committed an indecent act on the victim at a pre-driving vehicle, which is a means of public transportation, for about three minutes until he arrives at the Seocho Station of the same route.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report on investigation (report on hearing statements by victims);

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

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

1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 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, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

It is so decided as per Disposition for the above reasons.

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