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(영문) 서울서부지방법원 2015.04.22 2014고단3475
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On October 21, 2014, when the Defendant lacks the ability to discern things or make decisions due to mental division, the Defendant discovered C (the age of 26) from the platform stairs of subway 1, which is located in the 309, Geumcheon-gu Seoul, Geumcheon-gu Seoul Metropolitan Government (Seoul Metropolitan Government) in the subway 1, a subway 309, and became only one time with the victim's left hand.

Accordingly, the Defendant committed an indecent act against the victim on the subway platform, which is a place of public smuggling.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. If a conviction on the crime of a sex crime subject to registration and submission of personal information becomes final and conclusive under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is under long-term treatment due to editoric division and is in a class 3 disabled person, and thus cannot impose an order to complete program, it shall be exempted) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered.

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