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(영문) 서울북부지방법원 2017.01.12 2016고단5033
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

On October 07, 2016, the Defendant: (a) around 08:05, at the subway line C located in Seongbuk-gu Seoul Metropolitan Government on the subway line 4 located in Seongbuk-gu, Seoul; (b) attached even after approximately 13 minutes between approximately 13 minutes, such as the victim D (V, 24 years old) in the front line that operated as the station of the Dongdaemun Station Cultural Park, and was tightly committed an indecent act against his body.

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reasons for sentencing are as follows: (a) comprehensively consider the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, and determine the same sentence as the order.

- The Defendant does not feel sexual humiliation or mental shock that the victim was frighten, and is unable to take advantage of the victim - the registration of personal information that has no record of criminal recognition, reflectability, and criminal punishment, and the conviction of the crime that is a sex offense subject to registration to be submitted is finalized, the Defendant is subject to special cases on the punishment, etc. of sexual crimes.

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