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(영문) 서울중앙지방법원 2016.03.25 2016고단417

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 13, 2015, from around 19:30 to 19:42 of the same day, the Defendant discovered the victim E (M, 25 years old) who was in the gap of passengers in the front-speed terminal station located in the subway 9 line D stations located in Dongjak-gu Seoul Metropolitan Government from around 19:30 on October 13, 2015 and committed an indecent act against the said victim.

Around 10 minutes of the defendant's body attached to the victim's body to close the victim's body. Around 10 minutes of the defendant's sexual flag was pushed back to the victim's her her son.

Accordingly, the Defendant committed indecent act against the victim in a densely concentrated public place.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of the Acts and subordinate statutes governing video CDs and editing photographs of criminal motion pictures;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the following specific circumstances and the Defendant’s age, sex, home environment, method and form of the crime, and the circumstances before and after the crime, determined the same sentence as the order.

From the beginning of the investigation stage, the Defendant appears to have the intention to voluntarily recognize and reflect his mistake in the instant case after the instant crime was committed, and had been subject to a disposition of “the conditional suspension of indictment on the completion of education” for the same kind of crime in the past, which was agreed with the victim, as a result of the agreement with the victim, but if the conviction on the criminal facts in the instant case, which are a sex offense subject to the registration of personal information in lieu of preventing the instant crime, becomes final and conclusive, the Defendant becomes 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 in accordance with Article 43 of the same Act.