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(영문) 서울동부지방법원 2016.01.22 2015고단3317
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 September 23, 2015, the Defendant: (a) around 19:00, at the D platform that is the ancillary station of subway line 8 in Gangdong-gu Seoul Metropolitan Government, the Defendant: (b) told the victim E (V, 51 years old) who has attempted to help the Defendant, who was under the influence of alcohol, to get off the subway so that he can get off the subway; (c) and (d) the Defendant was able to flicked one time to the right straw of the victim.

Accordingly, the Defendant committed indecent act against the victim in a densely concentrated public place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. Selection of a selective fine for punishment (the fact that the defendant recognizes and reflects the crime of this case, the fact that there exists no record of punishment for the same kind of crime and no record of criminal punishment exceeding the fine, and the type and degree of criminal conduct committed by the defendant, etc.);

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

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Thus, the defendant is judged.

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