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(영문) 서울중앙지방법원 2017.09.01 2017고단4091
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 5, 2017, the Defendant, around 16:25, operated in the high speed room of subway No. 9, which was located in the subway No. 188 due to the new distribution of Seocho-gu Seoul, Seocho-gu, Seoul, to the offline of the street, was tightly attached to the Defendant’s sexual flag and right bucks after the victim B (V. 28 years of age).

Accordingly, the Defendant committed an indecent act against the victims of approximately seven minutes in the subway train, which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Act and subordinate statutes to report on investigation (Attachment to photographs taken by suspects at the time of committing the crime);

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

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. When a conviction on the instant criminal facts subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the Defendant becomes a person subject to registration of personal information under 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 a related 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 a 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 a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is ordered to disclose to the accused.

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