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(영문) 수원지방법원 안산지원 2016.01.22 2015고단4136
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Criminal facts

At around 17:00 on November 5, 2015, the Defendant: (a) from subway C stations located in Gangdong-gu Seoul Metropolitan Government, to the E stations located in Seongdong-gu Seoul Metropolitan Government, left in front of the victim F (FF (n.e., age 19) seated in the subway train in Seongdong-gu, Seoul, and kneee knee kbbbbbbs over each side of the victim several times and knebbbbbbbbs over each other; (b) attached the left side bridge outside the right buckbuck of the victim; and (c) committed an indecent act against the victim in the subway train, which is a public densely concentrated place, in the future.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and the selection of fines (it shall be taken into account that the defendant has not yet been recovered from damage, but the defendant has led to confession and reflect, that the defendant has no criminal record of the same kind, that the defendant is a disabled person

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

1. Article 16 (2) and (3) 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. Where a conviction against a defendant on the facts constituting a sex crime subject to registration and submission of new information 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 subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children Juveniles from Sexual Abuse (no such previous information shall be disclosed and notified, taking into account family relations, personal circumstances, etc.) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

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