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(영문) 부산지방법원 2014.07.09 2014고단3789
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

From around 09:30 on March 1, 2014 to around 10:00 on the same day, the Defendant: (a) walked on the victim C (hereinafter “B”) who was sitting on the right side in the front line of the urban railroad 2 lines located in the Busan Northern-dong; and (b) walked on the side to the victim C (hereinafter “I, 14 years old”); (c) “I, she was unable to go to go to Japan, I would have to go to go to Japan; and how I would go to go to the sea”; and (d) the victim bucks down to the right side of the victim by hand; and (e) the victim bucked on the part of the buckbucking buck that the Defendant was unable to look off on the part of the Defendant.

Therefore, the defendant committed an indecent act against the victim in the subway, which is a place of public secrecy.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing recording of statements to C;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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