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(영문) 서울남부지방법원 2014.11.10 2014고단3864
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

Where the defendant does not pay the above fine, the 10,000 won shall be the one day.

Reasons

Punishment of the crime

On August 8, 2014, at around 08:20, the Defendant: (a) pushed down the gap of passengers who had been concentrated in the subway 1 line that is located in the subway 1 line, which is located in the city of Guro-gu Seoul, Guro-gu, Seoul, with the victim’s left side, left side of the buckbucks.

The Defendant committed an indecent act against the victim on the electric car, which is a means of public transportation, for about five minutes, until he arrives in the additional digital group area.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to the victim B;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In light of the method and content of the crime of this case in the sentencing ground of Article 334(1) of the Criminal Procedure Act, the sentence is ordered as ordered in consideration of all of the following factors: although the nature of the crime is not weak in light of the method and content of the crime of this case, its mistake is recognized, there is no record of punishment, and all of the sentencing conditions, such as the character, conduct and family environment

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex crime subject to registration and submission of personal information, 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 submit personal information to the competent agency

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method of the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, and the effect of the victim protection.

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