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(영문) 서울중앙지방법원 2015.05.15 2014고단6430
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On March 7, 2014, at around 21:10, the Defendant committed an indecent act against the victim in any means of public transportation, such as: (a) within the subway line 2, which operated in the shift station in Seocho-gu Seoul, Seocho-gu, Seoul to the Seocho-gu as the Seocho At the front of the victim C (V, 27 years old); (b) sealed the Defendant’s first back back to the chest part of the victim’s chest; and (c) pushed the victim’s sound part by hand.

Summary of Evidence

1. The legal statement of the witness C;

1. The application of the law to C’s protocol of statement of the police (the defendant denies the crime, but the victim made a concrete and clear statement with regard to the circumstances in which the indecent act was committed by the defendant, and thus, the defendant can be found guilty of the facts charged).

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 said Act - Unfavorable circumstances: Defendant does not oppose the denial of the offense. Where the conviction of Defendant against a sex crime subject to registration of personal information is finalized on the grounds that the victim did not recover from damage, the Defendant becomes 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 43 of the said

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which can be achieved due to such order, and the effect of protecting the victim.

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