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(영문) 서울중앙지방법원 2015.01.30 2014고단4697
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 22, 2014, around 22:00, the Defendant: (a) boarded in the subway 2 subway stations located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu, and went to the station station, followed by the victim D (n, 29 years of age) within the previous train, etc.; and (b) committed an indecent act against the victim within the subway prior to the subway, which is a means of public transportation, by holding the victim’s left side bucks hand.

Summary of Evidence

1. Application of Acts and subordinate statutes on witness D's legal statement;

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

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: The Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case; the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order; the prevention of sexual crimes subject to registration which may be achieved by such order; the effect of protecting the victims thereof; etc. shall be comprehensively considered in light of the Defendant’s age, occupation, risk of repeating a crime; the motive and method of the crime in this case; the seriousness of the crime; the disclosure order or notification order; and the degree and expected side effects of a sexual crime subject to registration; Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(

Parts of innocence

1. The summary of the facts charged is as follows: (a) around 22:00 on May 22, 2014, the Defendant used the parts of the above victim, such as the elbow and hand, etc. in the front line of the subway No. 2 in Seocho-gu Seoul, Seocho-gu, Seoul and used the subway No. 33 years of age to go to the front line; and (b) committed indecent act on the part of the victim within the subway No. 33 years of age, which is a means of public transportation.

2. The victim C. is admitted as evidence corresponding to the above facts charged.

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