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(영문) 서울중앙지방법원 2017.10.13 2017고단4330
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

1. On January 26, 2017, around 18:50, the Defendant, starting from the digital cross-regional area of subway No. 2, the subway-ro, Guro-gu, Seoul Metropolitan City, 477, the Defendant committed an indecent act against the Defendant on the part of the public means of transportation in a way that the victim C (V, 25 years of age)’s sexual organ was placed in the front line in the 6-1 column of the dong-dong-dong, a subway-ro, a subway-ro, 477.

2. On January 26, 2017, the Defendant committed an indecent act against the victim in the public means of transportation in such a way that the victimized person’s sexual organ was turd before and after the victim D (at 24 years of age) at the place indicated in paragraph (1) around January 19:10, in a manner that the damaged person’s sexual organ was turd in front of and rear his body on several occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. Relevant legal provisions and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Punishment, etc. of Sexual Crimes, the selection of fines (including the fact that all victims agree to commit a crime, the confession and reflect of a crime, and the fact that there is no record of criminal punishment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. If a conviction on each of the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the protection of the victim.

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