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(영문) 서울동부지방법원 2019.01.10 2018고단3606
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 June 4, 2018, at around 19:03, the Defendant had contacted his sexual flag with the victim's her her son, attached after the victim D in the front-class guest room of the 9th line, which operated the C Station in the C Station in the B Station.

Accordingly, the defendant committed sexual indecent acts against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Application of the Acts and subordinate statutes to photograph the images;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of a selective fine for punishment (including, in agreement with the victim, the fact that the victim has not been punished because of the agreement with the victim, the primary crime, and the fact that the victim is against the victim);

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

1. Where a conviction becomes final and conclusive with respect to a defendant who shall file for the registration and submission of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which constitutes a sex offense subject to registration, on the ground that 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 thus, the defendant is obligated to submit personal information to the head of a competent police office under

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex Offenses (the Defendant’s age, family relation, background and process of the instant crime, benefits and preventive effects expected from the disclosure order and Notification Order, disadvantages and side effects of the Defendant’s personal information are recognized as having special circumstances that need not disclose and notify the Defendant’s personal information, and thus no order or notification order is issued).

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