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(영문) 서울북부지방법원 2016.02.18 2015고단4377
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 27, 2015, around 21:25, the Defendant was boarding D urban buses operated from the bus stops located in front of the bus stops in Gangnam-gu Seoul Metropolitan Hyundai Apartment Complex to Ginsansan, and around that time, the Defendant was seated on the side of the victim E (the age of 31) who was seated at the lower lower seat of the bus left, and the Defendant was able to gather the hand with the victim’s bridge between the victim and the buck.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation which are densely concentrated places by the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol (Evidence 4) statute to E;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Selection of Penalty) (The amount of fine shall be determined, considering the fact that the defendant was unable to receive an application from the injured person but the defendant was recognized as committing an offense, and the defendant has no record of punishment except the record of the crime of bodily injury in 192, and all kinds of sentencing conditions, such as the age, sex behavior, environment,

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. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43(1) of the same Act.

The defendant's age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, punishment records, disclosure order or notification order of personal information is exempted, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the defendant's age, occupation, risk of repeating a crime, method and consequence of the crime, the record of punishment, disclosure order or notification order

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