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(영문) 서울서부지방법원 2013.12.06 2013고단2734
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 2, 2013, around 07:40 on September 2, 2013, the Defendant was aboard D buses at the C high bus stops located in Eunpyeong-gu Seoul Metropolitan Government and was able to get off D buses at the same time in the same Gu-dong, and the Defendant was able to get off the victim E with his hand by using the gap in which passengers are mixed.

Accordingly, the defendant committed an indecent act against the victim in a bus which is a place of public smuggling.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant provisions of Article 11 (Consideration of Punishment of Sexual Crimes, etc. under the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. (Consideration of Selection of Fines and Consideration of Agreement with Victims)

1. Where a judgment on the registration of personal information under Articles 70 and 69(2) of the Criminal Act becomes final and conclusive, the accused is 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 a competent agency pursuant to Article 43 of the same Act

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of resatising) on the defendant's military force.

It is so decided as per Disposition for the above reasons.

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