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(영문) 서울남부지방법원 2016.11.25 2016고단4362
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On June 15, 2016, at around 09:12, the Defendant was only 3-4 times in the front line of subway 5, which operates a section of the Jongno-gu Seoul Metropolitan Area C Station, and the Defendant was seated by the Defendant’s side, and 3-4 times in the upper right of the victim D (Woo, 18 years old).

Accordingly, the defendant committed an indecent act against the victim in a concentrated place such as means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. The circumstances that are disadvantageous to the Defendant include the following: (a) the part and degree of an indecent act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act does not seem to be minor; and (b) the victim’s sexual humiliation and displeasure due to the instant crime appears to be considerable.

However, considering the favorable circumstances, such as the fact that the defendant repents and reflects the defendant's mistake, the fact that the defendant agreed smoothly with the victim, the fact that the defendant is the first offender who has no criminal record, etc., the defendant's age, character and conduct, motives, means and results of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account all the conditions of sentencing as shown in the records and arguments

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is subject to registration and submission of personal information, the accused 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 relevant agency pursuant to

The age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order is expected to be disadvantageous to the defendant due to the exemption of the disclosure order or notification order.

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