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(영문) 서울중앙지방법원 2018.10.24 2018고정465
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 October 18:53 on October 10, 2017, the Defendant committed an indecent act on the part of the Defendant in the subway train, a public means of transportation, in a manner that contacts the victim’s sexual organ with his own sexual organ in a fast speed in the speed 9 of the subway line that is operated in the direction of the river basin of the city in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and that is operated in the direction of the river basin of the 18th century, and that is, in the speed 9 of the subway line that is operated in the direction of the river basin of the 18th century.

Summary of Evidence

1. Legal statements of the witness B and partial statements of the witness C in the court;

1. Statement made by the police against B;

1. The Defendant perceived that the victim’s sexual organ in contact with the victim’s butt will and that the victim could feel sexual humiliation and displeasure in light of the victim’s identity and consistency, the images shown in the victim’s statement, the statement at the time of witness by the investigative police officer, and the inside of the train at the time, etc.;

Since it is sufficiently recognized that the defendant had the intention to commit an indecent act, and that the defendant did not have the objective to feel sexual satisfaction.

Even if such an intention is recognized, the application of statutes does not affect the establishment of the instant crime, so long as such intention of committing the crime is not affected.

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

1. Where a conviction becomes final and conclusive on the grounds of the facts constituting a crime in which personal information is registered under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, and order to disclose is exempted from the disclosure and notification order and employment restriction order.

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