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(영문) 부산지방법원 2017.01.13 2016고단5890
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 12:15 on August 26, 2016, the Defendant: (a) was a person who is under mental treatment due to early illness and mental retardation and lacks the ability to discern things or make decisions due to mental disorder; (b) was able to use the victim C (V, 22 years of age, Ga) who sit on the left side of his own port in the front line of Busan City Railroad No. 4 located in the river basin in the river basin in the Gangseo-gu, Busan Metropolitan City on August 26, 2016, and committed an indecent act against the victim within the front line, which is a public densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a medical certificate;

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 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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 of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 a related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to 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 shall be issued to the defendant.

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