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(영문) 대전지방법원 2015.09.25 2015고단2414
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 11, 2015, around 08:20 on June 11, 2015, the Defendant, within the subway station 9 lines of Female-dong subway of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant pushed down the Defendant’s sexual organ on the right right side side macking down after the victim C (V, 30 years of age) by using the gap in which the guest room is mixed with boom boomd rice with passengers.

As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on investigation (report on hearing of a police officer in charge);

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

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Where a judgment becomes final and conclusive to submit personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall become a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such 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 disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Although the reason for sentencing is not good, the fact that the defendant is led to confession and reflect, that is the primary offender who has no record of punishment, the crime subject to prosecution is about one case, the occupation relationship, family relationship, etc. are considered.

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