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(영문) 대전지방법원 천안지원 2016.04.15 2015고단1948
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

On August 24, 2015, the Defendant: (a) discovered the victim C (the 20 years old) who was moving to get out of the train, and was sitting to the 11st seat of No. 5th car and was divingd; (b) opened the victim’s seat above the victim’s seat ; and (c) opened the victim’s seat above the victim’s seat ; and (d) opened the victim’s right chest on one occasion by the hands.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes and the Selection of Fines for Crimes;

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

1. There are special circumstances in which personal information may not be disclosed in light of the Defendant’s age, occupation, risk of re-offending, criminal records, details and motive of a crime, method and consequence of a crime, seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant suffers due to the disclosure order or notification order, preventive effects of a sexual crime subject to registration that may be achieved due to such order, effects on the protection of victims, etc.

(C) Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes applies to 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, in cases where the conviction of the instant criminal facts is finalized, the Defendant is a person subject to registration of personal information under Article 43 of the same Act.

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