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(영문) 서울중앙지방법원 2019.03.29 2018고정2381
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Criminal facts

On August 6, 2018, at around 08:26, the Defendant committed an indecent act for about 10 minutes in a way that contacts the victim’s her son and the lower part after the victim’s her her her son and the lower part after the victim’s her her son and the lower part after the her her her her son and the lower part, starting from the her troke station of the Seoul subway No. 1, Seoul subway No. 1, and going to the Geumcheon-gu Station.

Accordingly, the defendant committed an indecent act against the victim in the passenger cars which are means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to a police investigation report (a motion picture photographing case at a criminal place);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for 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. In light of the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s liability for the crime is not easy in light of the background and content of the instant crime; and (b) the method of the commission of the crime; and (c) the victim appears to have experienced considerable damage from the instant crime.

However, considering the fact that the defendant acknowledges and reflects his mistake, that the victim does not want the punishment of the defendant under the agreement with the victim, that the defendant does not have the same criminal record, and that the defendant does not have the same criminal record, and all the sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

An order of disclosure, notification and employment restriction order shall be exempted.

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