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(영문) 서울북부지방법원 2019.01.25 2018고정1828
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 2, 2017, at around 08:46, the Defendant committed an indecent act against the victim on the electric car that is a means of public transportation where the public is concentrated by means of cutting down the body of the victim B (the age of 18), cutting down the body back from the passenger car of subway line 1, which was operating from the Guro-gu Seoul Metropolitan City, Guro-gu to the 309 additional digital group.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. B written statements;

1. Application of the Acts and subordinate statutes concerning criminal investigation reports (a motion picture shooting at a criminal scene), photographic images of the criminal scene, screen pictures, and screen pictures at a criminal scene;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the disclosure order and notification order of this case, disadvantage and side effects, etc., the Defendant’s personal information disclosure and notification order of this case shall not be disclosed or notified, and the special circumstances under which the restriction on employment shall not be ordered, shall not be ordered to disclose or notify the Defendant’s personal information, and any special circumstances under which the restriction on employment shall not be ordered pursuant to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes:

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the defendant shall be subject to special cases on the punishment, etc. of sexual crimes.

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