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(영문) 인천지방법원 2015.03.19 2014고단8801
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 11, 2014, at around 00:15, the Defendant committed an indecent act by rhythm of the victim C (the age of 30) and buckbucks that the Defendant was seated next to the Defendant in Seoul Jung-gu, Seoul, while getting aboard a metropolitan bus No. 1300 operated in the direction of Incheon in Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on mobile phone pictures;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the type of a defendant and the degree of an indecent act committed by the defendant, at the same time, the defendant's time of committing a crime, the fact that there is no penalty heavier than the fine, the defendant's age, occupation, character and conduct, family relationship, and other conditions of sentencing indicated in the record, including the defendant's age, occupation

Where this judgment becomes final and conclusive to file for the registration and submission of personal information, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of a competent police agency

However, an order for disclosure or notification of registered information needs to be carefully and carefully given that it may seriously affect the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. Thus, it is not ordered to issue an order for disclosure or notification of registered information.

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