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(영문) 서울중앙지방법원 2015.10.30 2015고단4469
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 June 10, 2015, around 09:10 on June 10, 2015, the Defendant, within the subway line 2, subway lines located in Seocho-gu Seoul Seocho-gu, with the macker of the Defendant’s sexual part of the Defendant’s sexual part, was closely adhered to the macker of the victim C (n, 25 years of age) in the electric macker line in the subway line located in Seocho-gu Seoul Seocho-gu, with the Defendant’s sexual part.

In the method of lurging the victim in a densely concentrated place, the victim was indecent.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act on the Legal Statement of Witness C

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (in the absence of any domestic criminal record against the accused, and the degree of indecent act in this case, consideration shall be given to the accused, etc.);

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. Article 334(1) of the Criminal Procedure Act provides that a defendant shall not be ordered to disclose or notify personal information pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, degree of disadvantage and side effects of the defendant's admission due to an order to disclose or notify the information of this case, the degree of disadvantage and anticipated side effects of the defendant's admission, the prevention of sexual crimes subject to registration and the effect of protecting the victim, etc.

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