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(영문) 서울중앙지방법원 2014.12.12 2014고단7396
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On April 30, 2014, the Defendant: (a) around 19:22, at the Seocho-gu Seoul Metropolitan Government, left hand knife the Defendant’s hand knife in the front line of 28:4.22, in the front line of subway 2 line 7-gil, in the direction of the station station, using the congested gap in the surroundings, following the victim’s name fluor who is suffering from the black knife in the front line, and then brought about the Defendant’s hand to the victim’s knife.

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning arrest inspectors;

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. According to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, degree and anticipated side effects of disadvantage to be borne by the Defendant due to an order of disclosure or notification, the degree and expected side effects of the crime subject to registration which may be achieved due to such order, the effect of the protection of the victim, etc., shall be considered in light of a comprehensive consideration of the Defendant’s age, occupation, risk of repeating a crime, the method and consequence of the crime

The Defendant, on February 1, 2013, committed the same crime and was sentenced to a suspended sentence on May 23, 2013, the Defendant committed the same crime on September 23, 2013 and was sentenced to a fine on December 27, 2013. Thus, the Defendant committed the instant crime.

Considering this point, it is difficult to punish the defendant somewhat.

However, the defendant is still 20 years old.

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