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(영문) 서울남부지방법원 2015.11.04 2015고단2929

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

피고인은 2015. 4. 22. 20:20경 서울 구로구 새말로 117-21 소재 지하철1호선 신도림역에서 역곡역 방향으로 진행하는 전동차 내에서 사람들이 많아 혼잡한 틈을 타 피해자 C(여, 31세) 뒤에 서서 양발 뒤꿈치를 들고 성기를 앞으로 내밀어 피해자의 엉덩이에 밀착하여 비볐다.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes to investigation reports (limited to criminal motion pictures and compilation photographs);

1. Relevant legal provisions concerning facts constituting an offense, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (the defendant reflects the defendant and has no criminal record in the same kind);

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

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of the disadvantage of the Defendant resulting from such order, the preventive effect and effect of sexual crimes subject to registration which may be achieved therefrom, the effect of the protection of the victim, the favorable circumstances as seen earlier, etc., the Defendant is subject to personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.