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(영문) 수원지방법원 안산지원 2015.12.18 2015고단3172
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On September 18, 2015, at around 07:48, the Defendant committed an indecent act in the manner that the victim’s sexual organ is closely tightly attached to the victim C in the front line of the subway car located in Geumcheon-gu, Geumcheon-gu, Seoul, as Geumcheon-gu, Geumcheon-gu, Seoul, in the 63-lane 91-ro, which is operated as a 309 additional digital group.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on screen pictures and screen pictures to the crime scene, screen pictures and video CDs;

1. Relevant legal provisions concerning criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Selection of Sexual Crimes, the selection of fines (where the accused has been committed before and once the same kind of fines to the accused, the confession and reflect of the accused, the agreement with the victim, and the fact that the accused has no specific penalty power except once the above fine

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal 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 (which does not disclose and notify the personal information in consideration of family relation, outline, etc.). Therefore, the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

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