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(영문) 서울서부지방법원 2015.05.27 2015고단706
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On February 10, 2015, the Defendant, around 08:00, 629, boardedd in the subway line 9, located at the airport of Gangseo-gu Seoul, Seoul, with the subway line, and committed an indecent act on the part of the victim, such as the victim B (n, 28 years of age) who was closely populated for about 20 minutes until the said electric vehicle arrives at the high speed terminal station, and was pushed down after the said vehicle reaches the high speed terminal station. The Defendant committed an indecent act on the part of the victim, which is a means of public transportation, such as the victim’s muck and breabbbbbs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements from a victim);

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, 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 the competent agency pursuant

In full view of the defendant's age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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