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(영문) 서울남부지방법원 2015.02.10 2014고단5038
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On October 24, 2014, around 20:10 on October 24, 2014, the Defendant, within the bus No. 160, where the Defendant was living near the Citr Building in Guro-gu Seoul Metropolitan City, he committed an indecent act by force by putting the Defendant’s right chests of the victim B (the age of 29) on the left side of the bus.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the police protocol protocol law to B

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 sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing under Article 334(1) of the provisional payment order is based on the following: (a) the degree of indecent act committed by the instant crime; (b) there is no record of criminal punishment against the Defendant; and (c) the confession of the instant crime; (d) the victim does not want the punishment of the Defendant by mutual consent with the victim; and (e) other conditions of sentencing as shown in the records and arguments, including the Defendant’s age

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 a related agency pursuant to

When considering the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, 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.

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