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(영문) 서울북부지방법원 2016.06.23 2016고단1428
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

around 08:00 on March 2, 2016, the Defendant committed an indecent act against the victim in the public means of transportation by raising his/her hands on the shoulder of the victim C at the front-dong guest room in the subway line of the subway line of the subway line of 4 located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to the East-gu Station, and 26 years old), after the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes governing criminal video CDs;

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 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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking into account the following circumstances: (a) the fact that the defendant acknowledges and reflects the crime; (b) there is no history of criminal punishment; and (c) the victim does not want the punishment of the defendant by unanimous agreement with the victim; and (d) other conditions of the sentencing specified in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc.

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