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(영문) 서울중앙지방법원 2016.05.20 2016고단1536
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On March 9, 2016, around 19:08, the Defendant: (a) from subway 9 to subway 9 located in Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government from the subway 3 to the Dongjak-gu, Dongjak-gu, Seoul, 220 subway 9, the Defendant got off the bucks and the bucks of women who suffered non-personal damage and the bucks of the women who suffered from the bucks of passengers and the bucks of the women who suffered from the bucks of passengers.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (the details of control and the reasons why the victim's new disease was not secured) and a caps attached thereto;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Taking into account the selection of punishment, the initial crime and the reflection thereof, etc

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

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

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual assault crime subject to registration that may be achieved therefrom, the effect of protecting the victims thereof, etc., there are special circumstances under which the disclosure of personal information may not be announced pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Therefore, it is determined.

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