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(영문) 서울중앙지방법원 2017.12.15 2017고단7583
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 June 9, 2017, around 18:47, the Defendant: (a) took advantage of the situation where passengers are concentrated in a sudden train operated by the passenger in the speed 9 station of subway line 188, which is located underground, via the distribution of new distribution in Seocho-gu Seoul Metropolitan Government, at the speed of the high speed terminal station station located in 188 underground, and was pushed back after the victim D (if the son, the son), while the son her her her her her her her her her her her her her her her her her her herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst, and continued the damaged her her second her second her

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to D;

1. A written statement of D;

1. The application of Acts and subordinate statutes to a criminal investigation report (to attach screen pictures showing on-site conditions), investigation report (to hear statements by a victim's telephone);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was subject to a disposition of suspending indictment on the condition that he/she committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public Crows) at the Seoul Central District Public Prosecutor’s Office on October 24, 2013.

However, considering the following factors: (a) the Defendant led to the confession of and reflect against the instant crime; (b) the agreement with the victim in the trial proceedings; (c) the Defendant’s age, sexual conduct, environment; (d) motive and consequence of the instant crime; and (e) the overall sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the crime.

Criminal facts in the judgment, which are sex offenses subject to registration and submission of personal information.

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