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(영문) 서울중앙지방법원 2015.09.25 2015고단4471
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 10, 2015, at around 08:55, the Defendant boarded the victim in the subway station from the subway station 2 to the subway station in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, with his hand after the victim E (V, 31 years of age). The Defendant committed indecent act on the victim in the subway station, which is a means of public transportation.

Summary of Evidence

1. E prosecutorial statement;

1. Statement to E by the police;

1. Each photograph and CD (the defendant asserts that he did not commit an indecent act against the victim. However, since the victim made a concrete and clear statement with regard to the circumstances in which the indecent act was committed by the defendant, and thus credibility exists, the defendant may be found guilty of the facts charged) and the application of the law.

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, and environment, shall be determined by comprehensively taking into account all the factors indicated in the instant pleadings.

The Defendant denies the instant crime.

B. The Defendant was guilty

(c) The degree of indecent conduct is not serious;

D. When a conviction on a sex offense subject to registration becomes final and conclusive, the victim is obligated to submit personal information to a related agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, because the accused is a person subject to registration of personal information under Article 42(1) of the same Act.

The defendant is admitted due to the age, occupation, risk of recidivism, motive, method and seriousness of the crime of this case, order of disclosure or notification of personal information disclosure or notification.

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