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(영문) 수원지방법원 안산지원 2016.03.23 2016고단340
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Criminal facts

around 08:51 on October 7, 2015, the Defendant boarded in subway C stations of subway 2 located in Dongjak-gu Seoul Metropolitan Government, and got off in subway stations of subway 2, the surrounding areas, such as the victim D(n, 23 years of age) by using the gap of mixedness, etc., and then pushed off the part of the Defendant’s sexual flag to the part of the victim, and then was flicked and flicked by the victim.

Accordingly, the defendant committed an indecent act against the victim in the subway where the public are concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the selection of fines (including the confession and rebuttal of the defendant, the fact that the defendant agreed with the victim, the fact that the defendant is the initial

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 concerning the order of provisional payment;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of new information pursuant to Articles 47 and 49 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 Juveniles against Sexual Abuse (no disclosure and notification of personal information shall be made, taking into account the initial crime, family relations, and outlines), the defendant becomes 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 office pursuant to Article 43 of the said Act.

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