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(영문) 서울중앙지방법원 2013.10.23 2013고단5402
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 14, 2013, the Defendant: (a) around 08:52, at the subway line 1, the subway lines located in Guro-gu Seoul Metropolitan Government 5-dong 5-5, and located in the direction of the digital body area in the subway line located in the subway line 585-5, the Defendant: (b) pushed away along the right side of the victim B (V, 31 years old); and (c) pushed away the victim’s her her port hand on two occasions.

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

2. On July 14, 2013, the Defendant: around 08:56, the part out of the victim’s left hand was pushed back after the victim C (V, 26 years old), etc., who was concentrated in the gap of passengers located in the electric train that was operated in the direction of the digital team area in the subway 1 subway station located in Guro-gu Seoul Metropolitan Government 5-dong, Guro-gu, 585-5.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act 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 Article 43 of

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the expected side effects can be achieved.

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