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(영문) 서울중앙지방법원 2017.12.08 2017고단7174
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 August 24, 2017, around 08:05, the Defendant accessed the back of the victim B (V, 34 years of age) within the electric train run in the direction of the East Station Cultural Park station in the subway station located in the Jung-gu, Seoul, Jung-gu, Seoul, about 230, the Defendant committed an indecent act against the victim over about 10 minutes by keeping the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against B;

1. Video CDs (where the form of crime is recorded);

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

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act has the record of having been sentenced to five years of imprisonment due to the defendant's prior conviction in 198 and 2006, and the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (special robbery, rape, etc.) in 2002, the punishment like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the argument of the instant case, including the following: (a) the defendant did not commit the instant crime for a considerable period of time; (b) the criminal act was committed; (c) the degree of the prosecution; (d) the defendant's age, sexual behavior, environment, motive and consequence of the crime; and (e) the circumstances after the crime.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant 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 competent agency pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, exempted from the disclosure order and notification order.

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