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(영문) 서울남부지방법원 2018.12.12 2018고단3998
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On June 12, 2018, at around 22:50, the Defendant committed an indecent act against the victim C (the 34 years old) by using the buckbucks of the victim C (the 34 years old) seated around about 20 minutes from the electric car running the 2nd line of the Dongjak-gu Seoul Metropolitan Government Street 2, subway 7, to the arrival of the offline of the 626, 7nd line.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the video Acts and subordinate statutes to the victim's motion picture CDs;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which constitutes a sex offense subject to registration, 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 head of a related agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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