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(영문) 서울남부지방법원 2016.02.03 2015고단4904
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 15, 2015, around 08:05, the Defendant discovered the victim E (here, 26 years of age) in the front line of the subway line in the direction D Station located in Guro-gu Seoul Metropolitan City, and attempted to commit an indecent act. The Defendant repeated the Defendant’s sexual flag part on the part of the victim’s her her her her mm, and committed an indecent act against the victim at a densely-populated place by inserting his her her son with his her her son, inserting his son on the bridge between the victim and the victim’s her her son while moving his her her son.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the law of the police statement protocol to F;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect of sexual crime subject to registration, the effect of the protection of the victim, the favorable circumstances as seen earlier, etc., the Defendant’s personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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