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(영문) 서울중앙지방법원 2016.08.30 2016고단2791
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

On November 22, 2015, from around 18:55 to 21:05 of the same day, the Defendant boardedd the express bus terminal in Seoul, which is located in 181 as the Seocho-si, from the time of the bus departure to the time of arrival at the bus terminal in Seoul, 194 due to new distribution in Seocho-gu, Seoul, the Defendant committed an indecent act against the victim in public means of transportation by repeatedly committing an act of repeatedly doing the Defendant’s hands and buckbucking down with the victim’s hand, and repeatedly doing the Defendant’s shoulder and bucking around the victim’s shoulder.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness, victim and D;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 186(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50 of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of crime, and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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