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(영문) 서울중앙지방법원 2015.05.01 2014고단9656
준강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On November 25, 2014, the Defendant: (a) around 00:19 on November 25, 2014, at the subway No. 4, the subway No. 5, which was located in the Jung-gu Seoul Metropolitan City Branch, opened in front of the victim C (the age of 33) who was diving and was divingd within the electric dong Station No. 4, the Seoul Jung-gu Office Cultural Park Station, which was in front of the subway No. 544, the Defendant turned down the victim’s right chest.

Accordingly, the defendant committed an indecent act on the part of the victim who was unable to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement (the Defendant denies the crime that is not completely memoryd due to being taken by the Defendant at the time of the instant case, but at the time, it does not seem that the Defendant was in a state of exploitation to the extent that he was unable to memory at all in light of the fact that the Defendant was staying home by getting on and getting on the subway, and that the victim made a specific and clear statement with regard to the circumstances in which the Defendant committed an indecent act from the Defendant, and thus, it is deemed that the Defendant was guilty of the facts charged).

1. Relevant laws and Articles 299 and 298 of the Criminal Act concerning facts constituting an offense;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing under Article 334(1) of the Provisional Payment Order - Circumstances favorable to the defendant: The defendant denies the crime and does not reflect against himself/herself while denying the crime. Where a conviction becomes final and conclusive on the criminal facts that constitute a sexual crime subject to registration of personal information that is not recovered from the victim’s damage, 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 is obligated to submit personal

The defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, etc.

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