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(영문) 서울중앙지방법원 2014.03.27 2013고단8401
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. 피고인은 2013. 10. 24. 08:22경 서울 관악구 봉천동에 있는 지하철 2호선 서울대입구역에서 사당역 구간 전동차 안에서 주변이 혼잡한 틈을 이용하여 피해자 C(여, 22세)의 등 뒤에 밀착하여 성기를 엉덩이에 대고 비볐다.

2. On October 24, 2013, around 08:27, the Defendant 208: (a) used the gap of subway 2 lines located in Salydong Dongjak-gu Seoul Metropolitan Government, leading up to the victim D (n, 29 years old); (b) was her son and her son.

Accordingly, the defendant committed each indecent act against the victims in the previous vehicle which is concentrated on the general public.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Application of laws and regulations on police statements concerning C and D;

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

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, it is determined that there are special circumstances that the disclosure of personal information should not be disclosed or notified.

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