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(영문) 서울동부지방법원 2017.01.20 2016고단3506
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 September 22, 2016, at around 09:07, the Defendant: (a) used a large number of passengers in the 2-4 column of the electric car running the section of B Station in the Seoul Forest Station of the Seongdong-gu Seoul Metropolitan City, 17 subway Station, the Defendant 2-4 column, and pushed the victim, etc. over five minutes of the Defendant’s distribution and sexual organ; and (b) committed an indecent act in the electric car, which is a place where the public is concentrated, by continuously putting the victim’s left knick in the B basin, with the victim’s knick and knick.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of investigation report (specific number in the column for all boarding) and related photographs (B) Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and the Selection of a fine (see, e.g., Supreme Court Decision 2009Do1448, Apr. 2, 2009).

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 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 under 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 of the same Act.

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order, and the expected side effects may be achieved.

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