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(영문) 서울중앙지방법원 2014.05.02 2013고단3085
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

At around 15:00 on April 1, 2013, the Defendant: (a) taken a train from the subway line 1 located in Jongno-gu Seoul, Jongno-gu, Seoul; (b) tight part of the victim C (the 21 year old), which was located adjacent to the entrance column of the front line, was pushed down by hand; (c) continued to arrive at the front line; (d) went first after the said electric vehicle arrived at the front line, and (e) kidddd the victim by hand on two occasions in front of the victim, and committed indecent act on the part of the victim, such as the victim’s chest and the passenger bus at the subway station, which is the subway station and the passenger bus platform.

Summary of Evidence

1. C’s legal statement;

1. Application of the provision on the statement to the effect that the defendant was involved in the victim's chest among the police interrogation protocol against the defendant

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) and Article 11 of the former Special Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that constitutes a sex crime subject to registration and submission of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42 (1) of the Act

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in full view of the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant 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 prevention of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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