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(영문) 서울중앙지방법원 2015.01.23 2014고단7944

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

Punishment of the crime

On June 28, 2014, at around 11:14, the Defendant: (a) passed between the victim C (the victim, the 41-year-old age-old age-old age-old) and the victim D (the 18-year-old age-old age) who stopped the 346 subway lines 7 of the Gangnam-gu Seoul Metropolitan Government Do Office of the 346 subway trains 7, the passage in the 7105 train 7725, which stops, etc.; (b) the Defendant punished both damages; and (c) at the same time, the above C's her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed each indecent act on the victims in the public transportation means, which is a place of public gathering.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and C

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. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: The Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case; the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order; the prevention of sexual crimes subject to registration which may be achieved by such order; the effect of protecting the victims thereof; etc. shall be comprehensively considered in light of the Defendant’s age, occupation, risk of repeating a crime; the motive and method of the crime in this case; the seriousness of the crime; the disclosure order or notification order; and the degree and expected side effects of a sexual crime subject to registration; Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(