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(영문) 서울중앙지방법원 2018.01.09 2017고정3688
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 14, 2017, around 18:50 on September 14, 2017, the Defendant: (a) discovered the victim’s name unspecific female from the front-time platform of Yeongdeungpo-gu Seoul subway No. 9, Kimpo Airport; (b) found the victim’s name unspecific female from the front-time platform of the Kimpo Airport; and (c) committed an indecent act committed by Dac with the victim’s sexual organ sealed.

Accordingly, the Defendant committed an indecent act against the victim at the place where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police investigation reporting statute;

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

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

4. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, the accused is 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 the accused is obligated to submit personal information 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, details and background of a crime, method and seriousness of a crime, crime record, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the Defendant’s exemption from disclosure order and notification order, the preventive effect of a sexual crime subject to registration that may be achieved, the effect of the victim protection, the principle of prohibition of disadvantageous change, etc., there are special circumstances in which personal information may not be disclosed or notified.

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

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