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(영문) 서울남부지방법원 2014.11.10 2014고단3999
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

Where the defendant does not pay the above fine, the 10,000 won shall be the one day.

Reasons

Punishment of the crime

【Criminal Force】 A person who had been notified of a summary order of a fine of KRW 1.5 million at the Seoul Central District Court on August 17, 2006 due to a crime of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Indecent Acts at Open Place).

【Criminal Facts of Crimes】 On August 26, 2014, around 08:38, the Defendant: (a) boarded the bus stops in front of the Geumcheon-gu Seoul Geumcheon-gu Seoul Metropolitan City Seocho-gu bus bus No. 5620; and (b) committed an indecent act against the victim by sticking the victim’s sexual organ closely to his her m/ her her bat around the bus bus after the victim B (V, 21 years of age) located in the bus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against the victim B;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. In light of the method, contents, etc. of the crime of this case in the sentencing ground of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment is ordered as ordered in consideration of the following factors: although the nature of the crime is not weak in light of the method, contents, etc. of the crime of this case, its mistake is recognized, and there is no record of punishment except for the previous conviction in the judgment, and

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex crime subject to registration and submission 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 is obligated to submit personal information to the competent agency

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, disclosure order or notification order of registered information.

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