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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
피고인은 2018. 7. 11. 09:06경 서울 성북구 B에 있는 C역에서부터 서울 종로구 D에 있는 E역까지 운행하는 지하철 4호선 전동차 안에서, 피해자 F(가명, 여, 37세)의 뒤에 서서 성기를 피해자의 엉덩이 부위에 대고 비벼댔다.
Accordingly, the Defendant committed an indecent act against the victim on the electric car that is a concentrated means of public transportation.
Summary of Evidence
1. Legal statement of the witness F;
1. Each legal statement of witness G and H;
1. Application of Acts and subordinate statutes to criminal investigation reports (including documentary evidence images to a suspect and other closures of related images, accompanying CDs);
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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. The proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);
1. Where a judgment of conviction against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to the main sentence of 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
In full view of the Defendant’s age, occupation, risk of recidivism, motive of crime, method of crime, seriousness of the consequence and 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 therefrom, the effect of the protection of victims, etc., the Defendant’s personal information should not be disclosed or notified. Thus, the punishment of sexual crimes is etc.