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(영문) 서울서부지방법원 2014.11.26 2014고단2820
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 5, 2014, at around 22:44, the Defendant pushed the Defendant’s bridge up to the victim’s left side of the victim C (the 28-year-old train) within the 3-3 train 1-3 mobile trains of 2403, and pushed down the Defendant’s bridge to the victim’s left side of the victim’s bridge, and the Defendant pushed down the victim’s bridge to the victim’s left side of the victim’s side.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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 (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. The sentencing of this case on the grounds of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order shall be determined as ordered in full view of all the conditions of sentencing, including the degree of indecent act in this case, the defendant's primary offender, and the age, character and conduct, family environment, motive and method of the crime, and circumstances after the crime.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant to Article

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, 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 effect of the protection of the victim, etc., the child or juvenile under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be considered.

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