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(영문) 서울중앙지방법원 2016.04.15 2015고단7247
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On October 15, 2015, at around 07:33, the Defendant was pushed back back from the victim C (n, 24 years old) behind the passenger crepan in the gap in the front-time B guest room operating in subway No. 2 located in subway No. 1822 at the south-gu Seoul Southern-ro, Seoul, Seoul, to the outer station, to the outer station, and was pushed down by the Defendant at the ambane of the victim of the sexual flag.

He repeated his detachedness.

Accordingly, the Defendant committed an indecent act against the victim’s will in the electric car, which is a public means of transportation.

Summary of Evidence

1. Statement of the defendant in the protocol of public trial in the first instance;

1. Application of the police statement protocol law to C

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes. Article 11 (Selection of Penalty Penalty)

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. Where the conviction of the defendant against the criminal facts in the judgment that constitute a sex offense subject to registration of personal information in consideration of various sentencing conditions, such as the defendant's age, sexual conduct, family relationship, and circumstances after the crime is finalized, 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 thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, consequence and seriousness of the crime in this case, 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 thereof, etc.

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