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(영문) 서울동부지방법원 2015.11.27 2015고단2662
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 29, 2015, at around 08:28, the Defendant: (a) placed his body near the victim G (n, 27 years of age) located in the subway E station in Songpa-gu Seoul, Songpa-gu, Seoul; (b) brought about about about about five minutes of gender generated over about 4 to 5 minutes from the time of arrival in the F Station after the Defendant attached his body close to the victim G (n, and 27 years of age).

Accordingly, the defendant committed an indecent act against the victim in the electric car, which is a place where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. G statements;

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

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 (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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized and reflected the crime of this case, the defendant contributed to the Korean Association of Crime Victim Support and social welfare organizations in the meaning of the crime against the victim, and he voluntarily completed education for preventing sexual harassment and sexual violence to prevent recidivism, and that the defendant has no criminal record, etc. in favor of the defendant.

However, the Defendant’s act of committing the instant crime appears to have suffered a considerable sense of sexual humiliation, and the fact that the victim was unable to take advantage of the victim due to an agreement with the victim, etc. is disadvantageous to the Defendant.

The sentence identical to the order shall be determined by comprehensively taking into account such circumstances as the defendant's age, character and conduct, family relation, environment, details of crime and the subsequent progress, and all the conditions of sentencing as shown in the argument of this case.

Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to registration, the personal information shall be registered and submitted.

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