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(영문) 부산지방법원 서부지원 2018.02.07 2017고단1573
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 30, 2017, at around 08:20, the Defendant committed an indecent act against the victim within the electric train that started from subway 9 line D located in Yeongdeungpo-gu Seoul Metropolitan City around May 30, 2017, by using the same gap, such as the victim E (n.e., 20 years of age).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, and disadvantages and side effects therefrom, there are special circumstances where disclosure of the Defendant’s personal information may not be disclosed.

If a conviction on a crime in the judgment that is subject to registration and submission of personal information 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 the competent agency pursuant to Article 43 of the same Act.

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