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(영문) 서울남부지방법원 2017.12.13 2017고단4274
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

The defendant is a member of the company who is not aware of the victim B (the age of 21).

On July 24, 2017, at around 07:47, the Defendant committed an indecent act against the victim’s will by using booming booms to write the victim’s boom with his left hand in a booming train that operates from the valley of 1 subway station, which is located in the valley of 07:47, Seocheon-si Station, to the new forest basin.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated train.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of B’s written laws and regulations;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that even though the Defendant had been subject to a conditional suspension of indictment for a crime similar to the instant case in 2015, the Defendant again led to the instant crime, and the nature of the instant crime is not easy in light of the fact that the damage has not been recovered.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant made a confession of his/her mistake and reflects against himself/herself, the fact that there is no record of criminal punishment, and the conditions of sentencing as shown in the records

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense 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 is obligated to submit personal information to the relevant agency pursuant to Article 4

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order shall be disadvantageous to the defendant.

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