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(영문) 서울중앙지방법원 2015.06.12 2014고단10054
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

1. On October 27, 2014, around 08:25, the Defendant committed the crime against the victim 1: (a) met the victim’s right side buckbucks by the damages, etc. coming behind the right side of the victim 1 (n, 34 years old), from the electric car that started from the military base of subway 550 subway 5 lines underground, as Seoul Special Metropolitan Gwangjin-gu, Seoul.

2. On October 27, 2014, the Defendant committed the crime against the victim 2: (a) started with the Eastern Station of 162 subway 5, the subway Station of 162 under the ground and the cultural park located in Jung-gu Seoul, Jung-gu, Seoul; (b) on the right side of the victim 2 (Inn, 30 years of age), the Defendant met the victim’s right side buckbucks.

Accordingly, the defendant committed indecent acts against victims in means of public transportation.

Summary of Evidence

1. Each legal statement of the witness 1 and 2 victim;

1. Partial statement of the police suspect examination protocol against the defendant;

1. Application of Acts and subordinate statutes governing motion pictures;

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

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. 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 in which the degree of damage is not serious: The defendant has the record of having been punished by a fine for the same crime even in 2004. The victim's refusal to commit each of the of the of the of the of the of the instant crimes. When conviction on each of the criminal facts stated in the judgment that is a sex offense subject to registration and obligation to submit personal information becomes final and conclusive, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment,

The age, occupation, risk of recidivism, motive for committing the instant crime, method, result, and consequence of the Defendant’s order to disclose or notify personal information.

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