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(영문) 서울중앙지방법원 2015.11.13 2015고단3818
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On October 22, 2014, the Defendant committed an indecent act on the victim’s sexual organ inside the subway, a means of public transportation, by putting the victim’s sexual organ on the front of the entrance, after the victim C (V, 30 years of age) who was going on from the scarke Station located in Dobong-gu, Seoul Special Metropolitan City along with the subway No. 2 on October 22, 2014.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Each CCTV-cap and the screen (the defendant asserts that he did not commit an indecent act against the victim. However, according to the aforementioned evidence, the facts charged against the defendant can be sufficiently convicted of the defendant).

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

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, and environment, shall be determined by comprehensively taking into account all the factors indicated in the instant pleadings.

The Defendant denies the instant crime.

(b) The injured party shall be punished for the accused;

C. When a conviction on a sex offense subject to registration becomes final and conclusive, the Defendant becomes 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 obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of repeating a crime, motive, method, 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 of personal information, the prevention of sexual crimes subject to registration which can be achieved due to such order, and the victim.

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