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(영문) 서울북부지방법원 2019.10.24 2017고단3411
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

1. On March 6, 2017, the Defendant committed the crime against the victim B (n, 18 years of age) committed an indecent act against the victim, such as setting aside even on the right side of the victim within the electric car operated in the non-economic region of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul subway Line 723-1, the Seoul subway Line 3, to the main aerial station, thereby committing an indecent act.

2. At around 23:10 on the same day, the Defendant committed the crime against the victim C (nives, 22 years old) committed an indecent act against the victim in the above manner, which sets down even after the victim’s occurrence, within the same previous vehicle as the above paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Control note;

1. Application of Acts and subordinate statutes to report on investigation (Maintenance of a victim C’s statement);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 the competent agency pursuant to Article 43(1) of

The age of the defendant exempted from personal information disclosure and notification order, the risk of recidivism, the motive for the crime of this case, the details and results of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order, and the prevention of sex crimes that can be achieved due to such order.

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