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(영문) 서울동부지방법원 2014.11.21 2014고단1957
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On February 28, 2014, at subway No. 16:35, the Defendant: (a) reported the fact that the victim D (V, 37 years of age) glicked in the subway No. 1 line station; and (b) committed an indecent act by force on the part of the victim by using the victim’s sound as follows, while the victim glicked with the victim, the Defendant glicked himself.

Accordingly, the defendant committed indecent acts by compulsion in the subway station, which is a place of public smuggling.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (related to suspect interrogations and statements by witnesses' telephone);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Articles 70 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. The fact that the reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order appears to have been significantly and mentally shocked by the victim is unfavorable to the Defendant.

On the other hand, there is no other criminal punishment except for the punishment of four times of a fine as a result of the crime of this case, and the social relationship is clear, such as the fact that the defendant is recognized as committing the crime of this case and is against the victim, and that the victim is seeking the wife of the defendant, and that there is no other criminal history, and that there is a certain place of work and support for his family.

In this context, the punishment is determined as ordered by comprehensively taking into account all the conditions of sentencing, such as the degree of indecent act in this case, circumstances after the crime, the defendant's age, character and conduct, family environment,

When a conviction on a crime subject to registration and a sex offense subject to registration becomes final and conclusive, the defendant shall be a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the relevant agency, as prescribed in Article 43 of

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