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(영문) 서울중앙지방법원 2014.12.05 2014고단4196
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 April 23, 2014, at around 08:30, the Defendant committed an indecent act against the victim in means of public transportation, such as attaching the Defendant’s sexual flag part to the victim C (n, 22 years of age) in the subway 2 line her subway line, which is operated from the subway station located in the Southern East-gu Seoul Metropolitan Government Southern Circulation, to the area of the victim’s her her mbbbbbbbbbbbs, and making the victim’s her mbbbbbucks several times by hand.

Summary of Evidence

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 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. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: A fine not exceeding 3,000,000 won;

2. Sentencing Guidelines: The sentencing guidelines are not set. 3. The sentencing guidelines are not set: the defendant is punished by a fine of 2,000,000 won (in consideration of the fact that there is no history of punishment in the Republic of Korea, and the degree of indecent act is not serious, etc., the defendant shall be punished by a fine, and the amount shall be fixed) and the defendant is obliged to submit his personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in a case where conviction becomes final and conclusive due to the crime of this case, he is a person subject to registration

The defendant's nationality, age, occupation, force, risk of recidivism, type of crime in this case, motive, process, seriousness of crime, disclosure order or notification order of registered personal information, the degree and expected side effects of disadvantage of the defendant's entrance due to the defendant's nationality, age, occupation, force, risk of recidivism, type of crime in this case, consequence and seriousness of crime, disclosure order or notification order, and the prevention and effect of sexual crime in this case

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