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(영문) 서울중앙지방법원 2015.06.05 2014고단4745
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 9, 2014, around 9:27, the Defendant committed an indecent act against the victim by taking advantage of the gap in the front line of subway No. 2, the subway No. 11112, the subway No. 1, Dong Seo-gu, Seoul, in the direction of the discharge station in the front line of the subway No. 2, the surrounding area, and by taking advantage of the gap in the direction of the discharge station.

In this respect, the Defendant committed indecent act against the victim at a public gathering place.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Each police statement made to D and E;

1. The application of the Act and subordinate statutes to video CDs (the defendant denies the crime, but the victim and E have made a concrete and clear statement about the circumstances in which the victim committed an indecent act against the defendant, and thus, credibility exists, and even if the video CDs are viewed, the defendant was pushed down with the victim's movement, and the victim was aware of this, and the charges against the defendant can be found guilty).

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

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing under Article 334(1) of the same Act - No favorable circumstance: The defendant has no record of the same type of crime; the defendant has no record of the crime committed against himself/herself; the victim has not been recovered from damage. If the conviction against the defendant is finalized in regard to the crime subject to the registration of personal information, 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 the defendant is obligated to submit personal information to

The defendant's age, occupation, risk of recidivism, is the defendant's order of disclosure or notification of personal information.

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