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(영문) 인천지방법원 2015.05.14 2015고단354
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 20, 2014, at around 19:10 on November 20, 2014, the Defendant boarded the subway line from the new forest station located in Guro-gu Seoul Metropolitan City, with the view to committing an indecent act against the victim C (the age of 22) by using the gap between the passengers, while the electric vehicle passes through the section between the transmission and transmission in the Bupyeong Station, the Defendant saw the victim to commit an indecent act against the victim (the age of 22) by using the gap among the passengers. After the victim, the Defendant sealed his sexual leg into the victim’s her her her her her her her her her her her mb

Accordingly, the Defendant committed an indecent act against the victim in the electric car, which is a place of public secrecy.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol law to C

1. Relevant Article on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines (including the fact that there is no record of the same criminal punishment for the accused, and that the accused does not want the punishment of the accused by agreement with the victim, etc

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, considering 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 to be borne by the Defendant, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, it is determined that there are special circumstances that may not disclose and notify personal information.

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