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(영문) 서울중앙지방법원 2013.07.08 2013고정1976
상해등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On January 15, 2013, at around 18:16, the Defendant committed an indecent act against the victim by placing the victim C (n, 36 years old), who walked on the Defendant’s side, the right chest and the vessel of the victim C (n, e.g., the 36 years old), from the 46 subway No. 5-ro 5, Jongno-gu, Seoul, Jongno-gu, Seoul, on the part of the Defendant.

2. On January 15, 2013, the Defendant: (a) around 18:22, on the platform of the Jung-gu Seoul Jung-gu Seoul Central District Park Park Dong-dong 1, 86-2 subway 5 subway Station; (b) on the ground that the victim suffered damage, such as paragraph (1), caused the victim to not escape from the Defendant, the Defendant carried out a shoulder and sprink that requires approximately seven-day medical treatment on the part of the victim, on one occasion of his/her own hand, on the ground that the victim was unable to flee.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement (C, D);

1. Application of Acts and subordinate statutes to each investigation report (CCTV, victims’ list, standing photographs and diagnostic reports);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and Article 257 (1) of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of a fine determined by the heavier punishment and a maximum amount of the above two crimes is added thereto);

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

1. Where a conviction on a sex offense subject to registration is confirmed under Article 334(1) of the Criminal Procedure Act, which is a sex offense subject to registration, 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 the defendant is obligated to submit personal information to a related agency in accordance with Article 43

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, and the expected side effects can be achieved.

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