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(영문) 서울중앙지방법원 2015.05.22 2014고단10171

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 08:50 on August 28, 2014, the Defendant committed an indecent act against the victim at a public-populated place by using her son and her son and her son and her son and her son and her son and her son and her son and her son and her son and her son and her son and her son were in the direction of Gangnam Station in Seoul subway 2, Seoul.

Summary of Evidence

1. Application of the statute to the witness C, D, E, and F’s respective legal statements (the defendant denies the crime, but the victim and the arrested police officers have credibility because they make a specific and clear statement about the defendant’s indecent act circumstances, so they may be found guilty of the charges against the defendant)

1. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment.

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing under Article 334(1) of the Provisional Payment Order - Circumstances favorable to the defendant: The defendant does not resist while denying the crime. The victim did not recover from damage. Where a conviction against the defendant is finalized in regard to the criminal facts in the judgment that constitutes a sex offense subject to registration of personal information which seeks punishment against the defendant, 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 the defendant is obligated to submit personal information to the competent agency

When considering the defendant's age, occupation, risk of recidivism, type, motive, process, 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 preventive effect of sexual crimes subject to registration which can be achieved due to such order, the effect of protecting the victim, etc. in comprehensive consideration.