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(영문) 서울중앙지방법원 2017.09.19 2017고정1575
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On March 27, 2017, from around 19:30 to 19:40 on the same day, the Defendant used a congested gap in the mar between the subway 1 line D located in Guro-gu Seoul Metropolitan City to the E Station while getting aboard the train from the subway 1 line D located in Guro-gu Seoul Metropolitan City to the E Station, and then the Defendant her sexual flag, hand, etc. following the Defendant’s sexual flag, hand, etc. were faced with her son.

As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (referring to the arrest process);

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes. Article 11 (Selection of Penalty Penalty)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the principle prohibiting disadvantageous changes is applied in cases where only the defendant requests formal trial)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the first offender who had no record of punishment for a sex offense before the instant crime was committed, and the registration of personal information alone leads to the effect of preventing the recidivism of the Defendant to a certain extent;

In full view of the facts indicated in the record, such as the Defendant’s age, occupation, family relation, and social relationship, the details and circumstances of the instant crime, the benefits and preventive effects expected by the disclosure or notification order to the Defendant, and disadvantages and side effects therefrom, the personal information may not be disclosed or notified to the Defendant.

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