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(영문) 인천지방법원 부천지원 2013.12.18 2013고단3062
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 16, 2013, at around 08:00, the Defendant committed an indecent act against the victim in a public densely-populated place by: (a) reporting the victim E (n, 35 years of age) who was suffering a fright in the village bus D, which operated the Orcheon-gu Seoul apartment complex C apartment; and (b) making it difficult for many passengers to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report (the relative investigation of a wooden person and a bus engineer);

1. Application of the Acts and subordinate statutes governing CCTV photographs;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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. Where a conviction becomes final and conclusive on the crime subject to the registration of personal information under Article 334 (1) of the Criminal Procedure Act, the accused is subject to registration of personal information under 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 competent agency pursuant to Article 43 of the same Act;

In light of the motive, process and result of the instant crime exempted from disclosure and notification order, seriousness of the offense, the age, occupation, disclosure and notification order of the accused at a disadvantage of the accused, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., in light of the overall consideration of the motive, process and consequence of the instant crime, the degree of disadvantage of the accused accused due to the order of disclosure and notification order, and the special circumstances where the disclosure and notification of personal information should not be made. Thus, the order of disclosure and notification shall not be issued to the accused pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc

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