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(영문) 서울중앙지방법원 2017.03.31 2016고단9396
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

At around 08:30 on November 24, 2016, the Defendant used a gap of around the subway 9 line D located in the Dongjak-gu Seoul Metropolitan Government, Seoul, in a marbly congested around the subway station, thereby putting the victim's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn', and

Accordingly, the Defendant committed an indecent act against the victim in the electric car, which is a densely concentrated place for the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

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

1. In light of the fact that the Defendant committed an indecent act against the victim on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and committed an indecent act against the victim when the victim was transferred to another place of damage, the nature of the offense is not good.

However, considering the fact that the defendant seems to have led to the crime of this case, the fact that the defendant agreed smoothly with the victim, and the age, sexual conduct, environment, etc. of the defendant, the punishment identical to the order shall be determined in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 the relevant agency pursuant to Article 43

The age, occupation, risk of recidivism, motive for committing the crime of this case, method of committing the crime, seriousness of the result and crime, and order to disclose personal information.

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