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(영문) 의정부지방법원 고양지원 2014.07.04 2014고단632
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 23:50 on March 19, 2014, the Defendant: (a) boarded in the bus C in the Seoul Central-gu Seoul Central District, Jung-gu, Seoul Central District on the middle part of the driver’s seat; (b) kidds of the victim D (Woo, 24) who was seated next to the vehicle while she was seated with the happy-gu, Seoyang-gu, Seoyang-gu; and (c) continuously knee and buckbucks inside the victim’s knebbbbs, etc. on four occasions, and committed an indecent act against the victim at a public smuggling location.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of on-site photographs-related Acts and subordinate statutes;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 agency pursuant to Article 43 of the same Act

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

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