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(영문) 서울동부지방법원 2016.06.16 2016고단987
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On November 12, 2015, at around 01:50, the Defendant, at the male water surface room located in the second underground of the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Seoul, accumulated in the side of the victim E ( South, 52 years old) who was accumulated on the floor, and her hand bucks up two parts of the victim’s bucks.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on field photographs;

1. Article 11 of the Act on Special Cases Concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes stipulates that "Article 12" shall be stated in the indictment of this case. However, Article 12 of the Act provides that "an act of intrusion into public places for sexual purposes" shall be punished, and the facts in the indictment of this case shall be apparent that it is a clerical error in Article 11, in light of the fact that "an act of indecent act against the victim at a place where the public space is densely concentrated," and such determination shall not have any particular influence on guaranteeing the defendant's right

Selection of a fine (the degree of punishment is relatively not more severe, the defendant's mistake is recognized, and there are no other criminal records, etc.)

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes excluding the provisions on reduction of and exemption from liability (the defendant and his/her defense counsel committed a crime in the mental and physical weakness of the defendant

However, Article 10(1) and (2) of the Criminal Act does not apply to the sexual crime of this case by the defendant

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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.

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