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(영문) 서울중앙지방법원 2017.11.29 2017고정3385
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 28, 2017, around 09:30, the Defendant committed an indecent act against the victim by taking advantage of the gap in the shoulder of the victim B (the age of 22) in the sudden cresh that the inside of the subway No. 9, located in the subway No. 151, the Dongjak-gu Seoul Metropolitan Nowon-gu, toward the moving station of the subway No. 151, caused the victim to be congested by the passengers.

2. On August 28, 2017, around 09:36, the Defendant committed an indecent act against the victim by making use of the gap in which the inside of the passenger C (V, 22 years old) was mixed with passengers in the sudden crebs in the subway 9 line station located in the Dongjak-gu Seoul, Dongjak-gu, Seoul. 220, the Defendant used the gap in which the victim’s buckbucks to 3-4 times by hand in the passenger.

Accordingly, the defendant committed indecent acts against victims in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to B or C;

1. Written statements prepared in D;

1. Application of the statutes governing the arrest of flagrant offenders;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. In light of the following: (a) the Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order reflects the instant crime; (b) the Defendant did not receive written evidence from the beginning offender or victims; and (c) the Defendant was not suitable for committing the instant crime by committing an indecent act against two victims in a short period of time; (d) the Defendant was subject to punishment prescribed in the instant summary order.

As such, the punishment shall be maintained as it is.

When a conviction on a crime in the judgment on a sex offense subject to the registration 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 Article 43 of the same

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