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(영문) 서울북부지방법원 2017.09.21 2017고단1980
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 7, 2017, around 08:15, the Defendant committed an indecent act on the part of the public means of transportation in a way that makes the injured party’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. The credibility of the victim’s statements in the investigative agency and this court is recognized in light of the following facts: (a) the victim’s act, content of damage, the victim’s perception and response; (b) the victim’s perception and response; (c) the victim’s circumstances before and after the commission of the crime; (d) the victim’s statement does not appear to be false; and (e) the victim’

The defendant's act is judged to be out of ordinary physical contacts between passengers within the blateral vehicle, and the victim's act is not likely to mislead the defendant's act.

Therefore, according to each evidence of the judgment, the application of the law is recognized as having committed an indecent act against the victim).

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

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

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., the Defendant’s personal information may not be disclosed or notified. In full view of Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism).

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