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(영문) 서울동부지방법원 2017.01.12 2016고단2873
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 10, 2016, at around 21:25, the Defendant committed an indecent act against the victim in the subway, which is a public means of transportation, by inserting the gap in which people are mixed in the direction of mooring in the subway station 3 times in the front line of the Incheon subway No. 1, Incheon subway No. 25, the subway No. 444, a day after the victim D (M, 48 years of age), which was operated in the direction of mooring station in the subway station of the Incheon subway No. 25, the Defendant committed an indecent act against the victim in the subway which is a public means of transportation, by inserting it into the victim's hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes concerning one CCTV video CDs inside the train, and CCTV editing printed materials;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of 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, occupation, 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 the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

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

The reason for sentencing is the form of the crime of this case and the circumstances before and after the crime.

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