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(영문) 수원지방법원 2015.10.15 2015고단3637
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

Punishment of the crime

Around 18:45 on July 10, 2015, the Defendant discovered booming expenses for the booming of passengers within 511 city buses (C) that passed 462 as the center of the members of Ansan-si, Ansan-si, the Defendant committed an indecent act against the victim in the means of public transportation by breaking the Defendant’s sexual organ to the part of the booming her woman after the victim’s sexual organ, and then cutting the booming the Defendant’s sexual organ to the part of the booming the Defendant’s sexual organ, leaving the sexual organ to the part of the victim’s boom.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Application of relevant Acts and subordinate statutes;

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

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

1. Where a conviction of a defendant against the criminal facts stated in the judgment on the punishment, etc. of a sexual crime committed as ordered to complete a program becomes final and conclusive, the defendant is a person 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 a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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