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(영문) 서울중앙지방법원 2018.07.26 2017고정3870
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 18, 2017, at around 09:19, the Defendant, as the doctor of Yeongdeungpo-gu Seoul Metropolitan Government on October 18, 2017, used the gap between 101 subway 9 and subway 9, and committed an indecent act over three minutes in the amount of the victim’s body, which is attached after the victim’s B (V, 28 years old), etc. (hereinafter “the victim’s body and gender part”) in the calendar line. However, according to each evidence duly adopted and duly examined by this court, the Defendant committed an indecent act over three minutes in a way that the victim’s sens, etc. are sealed, as indicated in the judgment ex officio, inasmuch as the Defendant did not disadvantage the Defendant’s right to defense.

As such, the Defendant committed an indecent act that causes sexual humiliation to the victim within the populated electric vehicles.

Summary of Evidence

1. Each legal statement of B and C;

1. A written statement of the victim;

1. The video CD (the defendant and his defense counsel did not have any fact, but according to each evidence duly adopted by this court and examined the evidence, the defendant can be found to have committed an indecent act against the victim on the parts above the body part of the victim, etc., on the ground that the defendant et al., committed an indecent act against the victim.)

Application of Statutes

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 against a defendant is finalized in regard to the facts constituting a sex crime subject to registration, which is subject to the obligation to register and register personal information under Article 334(1) of the Criminal Procedure Act, 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 such person is subject to Article 43 of the same Act.

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