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(영문) 서울동부지방법원 2013.07.19 2013고정774
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

On January 9, 2013, at around 12:35, the Defendant discovered that the victim C (or 19 years of age) walked in the underground passage of subway stations located in the subway stations located in Jongno-gu Seoul Metropolitan City, Dongdaemun-gu, 148, and committed an indecent act against the victim at a place where the public is concentrated one time in the direction of buckbucks, such as a pipeless hand hand, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of each investigation report (CCTV counterpart investigation and relative investigation of the number of transportation cards used by the suspect) Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines, etc. concerning criminal facts;

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

1. Article 334(1) of the Criminal Procedure Act provides that the victim’s legal statement, which designates the defendant as an offender for the conviction and sentencing grounds of the provisional payment order, is clear and clear, and there is sufficient credibility as well as evidence in front, rear, and consistent.

The facts charged are fully recognized even in light of CCTV photographs, etc. that the victim appeared to have observed the scene of indecent conduct against another woman immediately after the crime was committed by the defendant, or that the victim passed the subway opening space immediately after the crime was committed by the victim and the victim's friendship with the victim.

Although it is reasonable to place more severe punishment because the defendant denies and does not reflect the crime, it is decided as per the disposition under the principle of prohibition of disadvantageous change.

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 relevant agency pursuant to Article 43 of the same Act

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