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(영문) 인천지방법원 2014.12.24 2014고단6493
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

On July 28, 2014, the Defendant boarded from the subway line No. 1036 of the Eastcheon-gu Seoul Special Metropolitan City, Seocheon-gu Seoul Special Metropolitan City, to the electric train No. 1036 of the Eastcheon-gu Special Metropolitan City Simption 1036. On July 28, 2014, the Defendant attempted to discover the victim D (inns, 27 years of age) and to commit an indecent act against the female when the said train is operating the valley- new forest section.

피고인은 피해자의 왼쪽 옆에 붙어 서서 자신의 오른 손등을 피해자의 왼쪽 엉덩이에 갖다대고, 이에 피해자가 불쾌감을 표시하며 오른쪽으로 피하자 재차 피해자에게 다가가 오른 손등을 피해자의 왼쪽 엉덩이에 갖다댔다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to a photographic by cutting a video on the scene of crime;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for 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. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive in regard to the criminal facts subject to registration as stated in Article 334(1) of the Criminal Procedure Act, 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 a related agency

When comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, 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 that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.

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