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(영문) 서울중앙지방법원 2018.08.24 2018고정681
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 September 1, 2017, at around 18:55, the Defendant: (a) placed in the electric car operating in the high speed terminal station station of subway No. 9, which is located in the subway No. 188 due to the new distribution of Seocho-gu Seoul, Seocho-gu, Seoul, in the upper speed terminal station of the subway No. 188, attached even after the victim B (V, 27 years of age) to the tamp of the victim.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. The CD for storage of old supporting materials and videos at the time the person committed the crime;

1. Application of telephone recording CD-related Acts and subordinate statutes;

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;

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are 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.

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and details of the crime, method and seriousness of the crime, severity of the crime, record of the crime, disclosure order or notification order, the degree and expected side effect of the disadvantage of the Defendant, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, the principle of prohibition of disadvantageous change, etc., there are special circumstances in which the disclosure or notification of personal information may not be made 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.

Since it is judged, the disclosure order and notification order against the defendant.

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