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(영문) 서울남부지방법원 2015.05.27 2014고단3966

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 11, 2014, at around 21:10, the Defendant committed an indecent act against the victim D (V, age 34) who was seated in the bus after getting aboard the bus in the vicinity of the Guro Digital Group located in Guro-gu Seoul Metropolitanro 3 123 Dong-ro, Guro-gu, Seoul, by attaching even his body to the victim D (age 34) who was seated in the bus.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement D and E (the defendant denies the crime that does not have any intentional physical contact with the victim; however, according to the evidence above, the defendant at the time of the instant case, although he did not take the body to the extent that he did not boom the victim, the bus proposal was not booming to the extent that he does not leave other passengers, and in such a situation, the fact that the part of the defendant's sexual intercourses on the part of the victim's shoulder, even though the victim experienced the victim's sexual desire to contact with the victim's shoulder, it can be recognized that the defendant intentionally commits an indecent act against the victim. In full view of the above facts, the application of the law can be recognized.)

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction of a defendant against a sex crime subject to registration becomes final and conclusive on the judgment that constitutes a sex crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to 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 is obligated to

The defendant enters the military court due to the age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, order of disclosure or notification of personal information disclosure or notification.