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(영문) 수원지방법원 성남지원 2019.06.11 2019고단51
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

At around 09:10 on October 15, 2018, the Defendant committed an indecent act against the victim in means of public transportation by using the buckbucks of the victim B (the age of 21) who was seated on the left side of the Defendant in the subway of the powder line that is in progress from the water source to the king 09:10 on the 09:10.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of the law applicable to witness B’s legal statement (the victim’s statement is consistent and specific, the content itself is not contrary or inconsistent to the empirical rule, and the witness’s appearance, attitude, and statement that is being sworn before and after being sworn in the presence of a judge does not seem to have been false in light of the witness’s attitude, attitude, and content, etc., so credibility is recognized

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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a competent

In full view of the defendant's age, occupation, risk of recidivism, type and motive of the crime in this case, process of the crime, disclosure and notification order and employment restriction order, the degree and expected side effects of the defendant's disadvantage due to such order, the prevention of sex crimes subject to registration, the effect of the victim protection, the possibility of preventing recidivism, etc., there are special circumstances that may not disclose and notify personal information or order employment restriction to children and juveniles-related institutions, etc.

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