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(영문) 서울서부지방법원 2016.02.15 2015고단2697
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 12, 2015, at least 18:40 on August 12, 2015, the Defendant was pushed back to the victim E (V, 35 years of age) who was tightly concentrated in the gap of passengers in the electric train that operated subway 9 lines D in Dongjak-gu Seoul Metropolitan Government.

Defendant 1 committed an indecent act against the victim on the electric car, which is a means of public transportation, for about nine minutes until he arrives at the same route-based path.

Summary of Evidence

1. Legal statement of witness E;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police for E;

1. Application of CD’s film-related statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention of sexual assault crimes that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Therefore, the defendant is judged.

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