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(영문) 서울중앙지방법원 2014.09.24 2014고단5433
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

피고인은 2014. 5. 2. 07:56경 서울 관악구 남부순환로 1822에 있는 지하철 2호선 서울대입구역에서 사당역 방향으로 가는 전동차 안에서, 주변이 혼잡한 틈을 이용하여 피해자 B(여, 26세)의 등 뒤에 바짝 붙어 선 상태로 피고인의 성기를 피해자의 엉덩이에 붙이고 비벼댔다.

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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

1. Article 70 of the former Criminal Act (wholly amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where the conviction of the defendant against the crime subject to registration of personal information is finalized by taking into account all the circumstances of sentencing, such as the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., that the defendant confessions the defendant and reflects his/her mistake in sentencing under 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 the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of

Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration to be achieved therefrom, and the effect of protecting the victims, etc.

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