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(영문) 서울중앙지방법원 2013.09.25 2013고단4401
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2013. 5. 15. 08:25경 서울 구로구 구로3동 124 지하철2호선 구로디지털단지역을 운행하는 전동차에서, 혼잡한 승객들 틈에 서 있던 피해자 C(22세,여)의 등 뒤에 밀착하여 성기를 피해자의 왼쪽 엉덩이에 비벼댔다.

The Defendant, in such a way, committed indecent act on the part of the public transport vehicle, prior to arrival of the same route for about six minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

1. Complaint;

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

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and the selection of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 a related

In light 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 entrance due to an order to disclose or notify personal information, the order to disclose or notify personal information in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the following factors: (a) the Defendant’s age, occupation, risk of recidivism; (b) the motive and method of the crime in this case; and (c) the degree of disadvantage and anticipated side effects

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