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(영문) 서울중앙지방법원 2015.08.07 2014고단4749
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 22:30 on June 30, 2014, the Defendant was boarding a bus No. 9510, which was operated from new logic service to Incheon direction.

At around 22:35 on the same day, the Defendant committed an indecent act on the victim in a bus, which is a means of public transportation, in a manner of unfasing the victim C (a name, fring, 25 years old) by hand over 10 times from the right shoulder to the shoulder part of the female when the bus passed ahead B of Dongjak-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Written statements of D;

1. Application of each statute on photographs;

1. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment.

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing under Article 334(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes - Circumstances that are favorable to the defendant are not serious. In the instant case, the degree of indecent act is recognized and reflective. The unfavorable circumstance was detained for 20 days: (a) a fine of two million won due to an indecent act by force on 2009; and (b) a fine of two million won due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place) on 2012. Where a conviction becomes final and conclusive against the defendant on the criminal facts in the judgment that constitute a sex offense subject to registration of personal information, the defendant is 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

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order of personal information disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering.

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