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(영문) 서울중앙지방법원 2019.09.04 2019고정1438
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On May 3, 2019, around 18:00, the Defendant used the gap in the front line of subway 9, which operates the salt station section in the high-speed terminal station located in Seocho-gu Seoul, Seocho-gu, Seoul, with multiple passengers in the front line of subway 194, putting his/her hand into the front line of female passengers, thereby making him/her contact with the victim’s her her her son, and made the victim her son with his/her son’s son’s son’s son’s son’s son’s son.

2. At around 18:20 on the same day as Paragraph 1, the Defendant committed an indecent act against the victim by putting the victim’s her her son in a macker with another female victim on his macker’s macker, and her macker’s macker with the victim’s macker.

Accordingly, the defendant committed an indecent act on the victims of false name-based women on more than two occasions within the former vehicle, which is a means of public transportation.

To the extent that it does not disadvantage the defendant's defense right, part of the facts charged shall be revised ex officio according to facts obtained through the examination of evidence without amendment procedures.

Summary of Evidence

1. Defendant's legal statement;

1. Application of investigation reports (in relation to the arrest of a suspect and the arrest of a criminal suspect and women ① Application of Acts and subordinate statutes to the hearing of any damage), investigation reports (in relation to the hearing of any damage to a criminal suspect), etc.;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order: The degree of indecent act is not weak.

A favorable circumstance: The defendant is a first offender who has no record of being punished for a crime before.

The second is to prevent recidivism in response to his mistake.

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