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(영문) 서울중앙지방법원 2015.09.11 2015고단3052
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On April 10, 2015, from around 08:09 to 08:15, the Defendant got off the Defendant’s sexual donation level on the part of the victim’s ambbbuck in the front-dong of the subway No. 2 located in Dobong-gu, Seoul Special Metropolitan City, and got off the Defendant’s ambuck in his left hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to report on investigation (on-site photographing motion pictures);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, even though the defendant had been sentenced one time before and after having been sentenced to the same kind of fine, the victim, who wishes to commit this case, reflects his/her mistake, thereby improving character and behavior through mental and medical treatment, etc., and in addition, where the conviction of the defendant against the criminal facts that are subject to the registration of personal information is finalized by taking into account all sentencing factors indicated in the record, such as the defendant's age, occupation, character, family relation, family relation, home circumstances, motive, means and consequence of the crime, etc., and circumstances after the crime, etc., the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

The defendant's age, occupation, risk of recidivism, type, motive, process, results and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the registration that can be achieved due to such order.

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