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(영문) 서울중앙지방법원 2014.04.08 2013고정4338
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who has used electric trains from the Bupyeong River to the Gu road station.

On July 5, 2012, at around 07:39, the Defendant considered that the Victim B (V, 26 years of age) is waiting to use the electric train at the home in the inlet 316-2, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 316-2.

After the victim's arrival of the rapid operation train No. 1026 of the East Mancheon-Acheon-Amk-si, the defendant was on board after the victim's 3rd guest vehicle.

From 07:49 to 07:50 on the same day, the Defendant committed an indecent act against the victim’s left part of his body by sticking his body to the body of the victim before the said train arrives in the Gu road, and committing an indecent act on the victim’s left part of his/her sexual flag and bridge in a way that the victim’s left part of his/her sexual flag and bridge are cut to the victim’s body.

Accordingly, the defendant caused the victim to feel sexual humiliation and aversion.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A complaint;

1. Application of the statutes governing the place of crime;

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. Where a judgment of conviction becomes final and conclusive on the instant criminal facts against a defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act, the Defendant constitutes a person subject to registration of personal information pursuant to Articles 4(1) and 42(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and is obligated to submit personal information to the competent agency pursuant to Articles 5(1) and 43 of the Addenda of the same Act (amended by December 18, 2012).

The reason why the disclosure or notification order is not issued is that the defendant has no criminal history of the same kind of crime, and that the disclosure or notification order is disadvantageous to the defendant.

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