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(영문) 의정부지방법원 고양지원 2015.03.13 2014고단3106
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person with a cadastral disability of Grade II.

On September 19, 2014, between 07:10 on 07:40 and 07:40, the Defendant committed an indecent act against the victim C (the age 21) who was seated in the opposite seat when the electric train No. 2341 of the Gyeongung-digital Media Telecommunication was in operation between the Gyeongung-digital Media Telecommunication Station, and was seated in the opposite seat of the victim, and then he she saw the victim into the next seat of the victim.

As a result, the Defendant committed indecent acts on people in public transportation, public performance and assembly places, and other densely-populated places.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in writing C;

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 sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., it is determined that there is a special reason that the disclosure or notification of personal information should not be made pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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