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(영문) 서울남부지방법원 2014.07.07 2014고단1331
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

Where the defendant does not pay the above fine, the 10,000 won shall be the one day.

Reasons

Punishment of the crime

On March 22, 2014, around 08:20 on March 22, 2014, the Defendant, within the bus No. 6631 operated in the direction of Yeongdeungpopool in Gangseo-gu Seoul Metropolitan Government, where the Defendant was seated by the Defendant, the left left bucks of the Victim C (V, 20 years old) was opened as the right hand-on.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. The defendant's legal statement;

1. C’s legal statement;

1. An interrogation protocol of the police against the accused;

1. Application of the police protocol law to C

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 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. In light of the method and content of the instant crime for sentencing under Article 334(1) of the Criminal Procedure Act, the nature of the crime is not weak. However, the Defendant is sentenced as the disposition, taking into account the following factors: (a) the Defendant did not have any record of crime except that having been punished by a fine due to violent act in 1973; (b) the elderly is the elderly; and (c) all the sentencing conditions, including the Defendant’s character, conduct, family

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex crime 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 competent agency

When considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, in a comprehensive manner.

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