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(영문) 서울북부지방법원 2016.10.13 2016고단3079
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 9, 2016, around 08:25, the Defendant committed an indecent act against the victim in the subway train, which is a place where the public is concentrated, after the victim D (V, age 23) with even 7 minutes attached to the gap of concentrated passengers, within the subway 4 line that operates from the Seongbuk-gu Seoul, Seongbuk-gu, Seoul to the East Station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

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 (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. Determination of the same sentence as the disposition shall be made by comprehensively taking into account the following circumstances: (a) the Defendant’s age, occupation, family environment, social ties, the risk of repeating a crime; (b) benefits and preventive effects expected due to the instant disclosure order and the instant notification order; and (c) disadvantages and side effects of the Defendant’s personal information disclosure on the grounds of sentencing: (a) the Defendant’s age, occupation, character and conduct, family relations, family relations, circumstances before and after the instant crime; and (b) the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, personality and conduct, family relations, and circumstances before and after the instant crime.

- The victim’s fear of sexual humiliation or mental impulses are not easy to feel. In a case where the recognition of a crime and reflectivity, the registration of personal information with the victim who has no record of criminal punishment, and the conviction of a sex offense subject to registration is finalized, the defendant shall be subject to special cases concerning the punishment of sexual crimes.

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