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(영문) 서울북부지방법원 2016.11.10 2016고단4163
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 1, 2016, at around 08:20, the Defendant committed an indecent act against the victim in means of public transportation by saving the victim’s dead part from the side of the victim D (M, 28 years of age) while getting on and off a five-way electric vehicle in the vicinity of the C Station located in Jung-gu Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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. Determination of the same sentence as the disposition shall be made by comprehensively taking into account the following circumstances: (a) the Defendant’s age, occupation, family environment, social ties, the risk of repeating a crime; (b) benefits and preventive effects expected due to the instant disclosure order and the instant notification order; and (c) disadvantages and side effects of the Defendant’s personal information disclosure on the grounds of sentencing: (a) the Defendant’s age, occupation, character and conduct, family relations, family relations, circumstances before and after the instant crime; and (b) the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, personality and conduct, family relations, and circumstances before and after the instant crime.

- In a case where a conviction is finalized on the facts constituting a sex crime subject to registration, which is subject to registration, due to the occurrence of the victim's fear of sexual humiliation or mental impulses, and is not easy to use from the victim - the registration of personal information that has no record of being punished due to a crime, reflectability, or sex offense, 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

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