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(영문) 서울북부지방법원 2017.03.23 2016고단1532
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 10, 2016, the Defendant: (a) taken a subway operating from subway No. 1, the subway lines located in Jung-gu Seoul Metropolitan Government, to the lux air basin; (b) went through D, and (c) took the victim’s left side by hand from behind the Victim F (F) to 22 years old; and (d) again took the victim’s left side by hand at one time at around the time of arrival of E, and (e) took the victim’s left side her hand at one time.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the law of the police statement protocol to F;

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

1. Articles 70 and 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 judgment of conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information of Article 334(1) of the Criminal Procedure Act, 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 thus, is obliged to submit the personal information of the Defendant to the head of the competent police office 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, 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 the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, an order of disclosure or notification to the defendant shall not be issued.

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