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(영문) 서울중앙지방법원 2017.09.07 2017고정1586
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 March 16, 2017, the Defendant: (a) around 09:05, around 09:00, the Defendant used a gap in subway No. 9, the subway No. 130, which is located in the Nowon-gu Seoul Metropolitan Government Nowon-gu, leading to a high speed terminal station station in the rapid ebbbbbn, and opened the Defendant’s frighter, and opened the Defendant’s frighter, after the victim C (V 22 years of age). The Defendant frighted his amblick to his amblock of the victim of the sexual flag, and laid off his ambl with his kick and knick.

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A C statement;

1. Each police investigation report and arrest letter of flagrant offender;

1. Application of Acts and subordinate statutes on the use of transportation cards;

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

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

3. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (in light of the principle of prohibition against disadvantageous changes, etc., extenuating circumstances in which it is impossible to impose a new order to complete program, etc.

4. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against whom the obligation to file a provisional payment order is finalized, the accused 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act

The personal information shall not be disclosed in light of the following factors: the Defendant’s age, occupation, risk of recidivism, details and background of the offense, method and seriousness of the offense, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the crime, the records of the offense, the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, the protection effect of the victim, the principle of prohibition of disadvantageous change, etc.

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