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(영문) 인천지방법원 2014.04.17 2014고단371
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 24, 2013, at around 22:25, the Defendant 22:25 on November 24, 2013, on the bus stops in front of the D market located in Seongbuk-gu, Sungnam-gu, Seoul, in order for the victim F (the age of 25) to commit an indecent act against the female when discovered that the victim F (the age of 25) is aboard, and the victim was seated on the side of the victim, and then the victim spucks down with the victim's own hand.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made by the police officer on F;

1. Entry of CCTV image data and application of the video-related Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine to impose a sentence (including the fact that the defendant is aware of and reflects on the time of committing the crime, the fact that the defendant agreed with the victim, and the primary offender);

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

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

1. Where a judgment to file for the registration and submission of personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the accused 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 is obligated to submit personal information to the head of a competent police agency pursuant to Article

However, an order for disclosure or notification of registered information needs to be carefully and carefully given that it may seriously affect the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. Thus, it is not ordered to issue an order for disclosure or notification of registered information.

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