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(영문) 서울남부지방법원 2015.08.28 2014고단3202
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

피고인은 2014. 5. 8. 07:25경 서울 강서구 D에 있는 E 역사 내의 F 지하철 승강장으로 내려가는 에스컬레이터에서, 피해자 G(여, 28세)의 엉덩이를 손으로 툭 치듯이 만져 공중밀집장소인 지하철역에서 피해자를 추행하였다.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements made by witnesses G in the second trial records;

1. Statement made by a witness H in the third protocol of the trial;

1. Each investigation report (to attach CCTV images in the subway station and video images recorded by suspects) and the application of the Acts and subordinate statutes governing video CDs;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective 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 Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the preventive effect and effect of a sexual crime subject to registration that may be achieved due to such order, the effect of protecting the victims of a sexual crime, etc. in light of a comprehensive consideration of the following: Article 47(1) and Article 49(1) of the Criminal Procedure Act; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; thus, the order of disclosure or notification shall not be issued to the Defendant.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, 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 such person is subject to registration

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