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(영문) 서울남부지방법원 2013.11.01 2013고단3121
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 13, 2013, at around 09:20, the Defendant committed an indecent act against the victim in means of public transportation, where the victim’s tamp will continue to have her mack with her own mack, in the passenger car of 433 dong 1, 433 dong 1, which is in operation between the Gu road station and the additional digital group area.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (a case of photographing a criminal suspect);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be based on the following: (a) the degree of indecent act committed by the instant crime on the grounds of sentencing; (b) the Defendant has no record of being punished for the same crime; and (c) the circumstances, means, methods

Where this judgment becomes final and conclusive, the accused 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 to the head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

It is so decided as per Disposition for the above reasons.

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