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(영문) 인천지방법원 2015.10.08 2015고단5018
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

At around 18:53 on July 7, 2015, the Defendant committed an indecent act against the victim in means of public transportation, which is a place where the public is concentrated in a place where the victim’s her son and son are located in the Osan-dong of Gyeonggi-do, at the time when the electric trains of subway 1, which were operating in the direction of the Osan-si in the Masan-si of Busan-do. In addition, the Defendant committed an indecent act against the victim in means of public transportation, which is a place where the public is concentrated, after the victim C (V, 37 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant provisions on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fine (Consideration to the fact that the accused acknowledges and reflects the crime, and that the accused has no specific penalty power);

1. Articles 70 (1) 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 conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant 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 is obligated to submit personal information to a competent agency pursuant

However, in light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention and effect of a sexual crime subject to registration that may be achieved therefrom, protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

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