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(영문) 서울북부지방법원 2017.02.09 2016고단4873
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 27, 2016, at around 08:02, the Defendant committed an indecent act against the victim in the public means of transportation by means of large-scale and raining, after the victim D (n, 45 years old) in the electric car operated as the air protection area of the Seodaemun History Cultural Park in the subway Line C located in Gangnam-gu Seoul, Seoul, and the subway Line C located in the subway Line 4, the Defendant committed an indecent act on the victim in the public means of transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. 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, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reasons for sentencing are as follows: (a) comprehensively consider the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, and determine the same sentence as the order.

- 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 thus, the Defendant is a person subject to registration of personal information under Article 42(1) of the same Act, in accordance with Article 43 of the same Act.

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