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(영문) 서울동부지방법원 2016.02.04 2015고단3645
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

around 19:00 on October 22, 2015, the Defendant committed an indecent act, such as rhyming the victim’s right her sexual organ into his/her macker’s macker with his/her macker’s macker, after the victim E (M, 18 years of age) in the electric train that passed the subway station of subway 1 line in Jongno-gu Seoul Metropolitan Government, Jongno-gu.

Accordingly, the defendant committed an indecent act against the victim in the subway train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (see, e.g., the details of the crime in this case, the defendant's mistake is recognized, the defendant has no same record of force as well as the criminal record of a fine due to a violation of the Punishment of Violences, etc. Act in 2001, and the defendant is in

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, and the protection effect of the victim, etc., the personal information shall not be disclosed.

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