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(영문) 서울북부지방법원 2016.03.17 2015고단3883
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 23, 2015, around 12:30, the Defendant committed an indecent act on the part of the victim D(the age of 26) who was sitting in the front line of the train at around the time of the passage of the C Station in the subway line Incheon 1, the subway line, and committed an indecent act on the victim within the subway prior to the subway line, which is a place where the public is concentrated, by avoiding the body by the victim's side.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Where the conviction of a criminal fact in the judgment that constitutes a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the defendant is a person subject to registration of personal information pursuant to 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 the competent agency pursuant to Article 43(1)

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, punishment, records of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children Juveniles against Sexual Abuse.

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

The reasons for sentencing are as follows.

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