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(영문) 서울중앙지방법원 2013.06.21 2013고단2859
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

The defendant is a person who works for daily use.

On March 13, 2013, at around 18:47, the Defendant: (a) followed the Victim C (Inn, 19) on the rapid platform of the Guro-gu Seoul Metropolitan City B Station 1, and followed up the subway, and followed up the subway, and met the left hand closely, and (b) met the upper part of the arms and the chest while cutting off the hand towards the gun, and caused the victim to feel sexual humiliation or the victim to feel a sense of sexual humiliation, such as thundering the flick, by continuously sticking the flick at the flock.

Accordingly, the Defendant committed an indecent act within the electric vehicle, which is a means of public transportation, for about 14 minutes from the first to the D Station.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu;

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 recidivism, type, motive, process, 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 which may be achieved therefrom, and the effect of protecting the victims, etc., the personal information shall not be disclosed and notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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