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(영문) 서울남부지방법원 2014.12.16 2014고단944
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

around 12:50 on January 16, 2014, the Defendant was seated at 1st 2 seat in the train of 1216, Busan Mucheon-gu, Busan Mucheon-gu, 1216. The Defendant reported the victim C (21 years old) who was seated at 4th seat of the Plaintiff (21 years old) as the said train started in the Busan mountain basin and went to the Busan mountain basin, and met the victim's left hand hand over two times between 3-4 seconds and 3-4 seconds. The victim was followed by the victim's chair who moved to 3rd seat in the original 3rd seat, and 4-5 minutes back by the victim's 4-5 minutes.

Accordingly, the Defendant committed an indecent act against the victim in the train, which is a place where public transportation is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the degree of indecent act committed by the instant crime; (b) the detention of the Defendant for a considerable period of time; and (c) the circumstances, means, methods, results, etc. of the instant crime; and (d) the punishment as indicated in the Disposition

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission of personal information becomes final and conclusive, 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 related agencies pursuant to

The defendant's age, occupation, risk of recidivism, type, motive, process of the crime in this case, seriousness of the crime, order of disclosure or disclosure of personal information.

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