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(영문) 서울중앙지방법원 2018.04.03 2017고정3212
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On July 19, 2017, around 08:40 to 08:55, the Defendant committed an indecent act against the victim for about 15 minutes in the electric vehicle, which was located in front of the end-side seat in the front of the end-side seat in the front of the bus terminal located in the front of the entrance, in the previous car of the Seoul subway No. 9, the Defendant: (a) pushed down even after the victim B (n, 36 years of age) on the front of the end-side seat; (b) pushed down the victim’s her sexual flag to the left part to avoid the damage; (c) her her her her her her senth; and (d) committed an indecent act against the victim for about 15 minutes in the previous car, which is a means of public transportation, such as the victim’s her her her son, after having his her her her body moved to the right side.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness B;

1. B written statements;

1. Application of the Acts and subordinate statutes to arrest police flagrant offenders and to report an investigation (the attachment of evidential images after committing the crime);

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

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

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, 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 of

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 47(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the risk of recidivism by the defendant, the type, motive, content, and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, the prevention of sex crimes that may be achieved therefrom, and the effects of protecting the victims.

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