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(영문) 수원지방법원 여주지원 2017.10.30 2017고정260
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 15, 2017, around 18:08, the Defendant committed an indecent act against the victim by closely sticking the Defendant’s hand and elbows to the back of the victim D (the age of 27) within the subway train that runs from the station of subway 9 to the station of the subway 40-ro, Yeongdeungpo-gu Seoul Metropolitan City. In addition, the Defendant committed an indecent act against the victim by closely sticking the Defendant’s lower half to the damaged person’s elbows.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the surface of a visual closure;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction against a defendant is finalized on the facts constituting a sex crime subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant 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, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of the disadvantage of the Defendant resulting from such order, the preventive effect of the sexual crime resulting therefrom, and the effect of protecting the victim, etc., there are special circumstances in which the Defendant may not disclose personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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