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(영문) 서울남부지방법원 2013.09.24 2013고단2429
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 3, 2013, around 22:50, the Defendant: (a) was seated in the side of the victim B (the age of 34) in the subway station located in the subway station of Yeongdeungpo-gu Seoul Metropolitan City in the direction of the military station; (b) the Defendant met the victim’s right-hand hand; and (c) the Defendant continued to move from the military station of 23:20 to the subway station in the direction of the 7 line area; and (d) the Defendant met the victim’s buckbucks that followed the victim by leaving his hand in front of the victim.

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; the degree of indecent conduct by the instant crime; the Defendant committed an indecent act against the victim when the Defendant transferred to other subway lines; the Defendant did not have any record of punishment; and the Defendant led to the instant crime; and the Defendant led to the confession of the instant crime; and the details, means, methods, and results of the instant crime shall be determined as the same as the order.

Where this judgment 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 the competent police office pursuant to Article 43 of the same

An order to disclose or notify registered information, with regard to whether to issue an order to disclose or notify registered information, needs to be careful as it may have a significant impact on the defendant, and in this case, personal information shall not be disclosed, such as where the registration of personal information alone appears to have an effect to prevent recidivism by the defendant.

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