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(영문) 대전지방법원 천안지원 2016.10.28 2016고단1728
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

On July 2, 2016, the Defendant: (a) around 17:34, and around 17:34, in the bus B, and (b) the victim C (V, 33 years of age, and household name) who was in front of the bus was able to put the victim’s shoulder into the victim’s shoulder, and was w off.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to CCTV photographs;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime which is subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed or 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 of Children and Juveniles against Sexual Abuse.

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