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(영문) 서울중앙지방법원 2016.08.24 2016고단3741
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 April 19, 2016, at around 08:45, the Defendant: (a) boarded from subway 2 lines in subway stations located in Dongjak-gu Seoul Metropolitan Government, Seoul, on the back of the victim D (n, 25 years old) suffering from the swein pattern of white and test color swein and Arily Skiki Ski in the air basin; (b) the victim’s her her son was pushed off on the part of the Defendant for about three minutes.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (field of control, status of control, and details of arrest);

1. Application of the Acts and subordinate statutes to certified video CDs in the field of control, accompanied by a photo and control picture at the scene of control;

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 sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order and the method and form of the instant crime, the Defendant’s age, sex, criminal conduct, home environment, and circumstances before and after the commission of the crime shall be determined by comprehensively taking account of the factors and conditions of sentencing as shown in the pleadings.

When a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the submission of new information and the record that is a sex crime subject to the submission to file a report, the accused 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 obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act, because the accused is a person subject to registration of personal information under Article 42(1) of the same Act.

The defendant's age, occupation, risk of recidivism, and this case is exempted from the disclosure order and notification order.

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