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(영문) 서울동부지방법원 2017.09.07 2017고단1764
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 May 8, 2017, the Defendant committed an indecent act against the victim within the electric vehicle, which is a public means of transportation, by using the gap of the victim F (n. 24 years of age) attached to a large number of passengers in the electric vehicle that passed through the DV E station of Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on May 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to victims;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. Where a conviction on the instant criminal facts is finalized against a defendant who is obligated to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 thus, the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (the defendant is likely to repeat a sexual crime in general against him/her)

In full view of the fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and other circumstances, such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the instant disclosure order and notification order, and disadvantages and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

As such, the defendant is recognized.

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