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(영문) 서울중앙지방법원 2014.02.14 2013고단6478
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 25, 2013, around 09:17, the Defendant committed an indecent act against the victim in a way that: (a) around 09:17, the Defendant: (b) in the electric car operated from the Seoul subway Line 2 to the alternate room; (c) followed by the victim E (influence, age 24); and (d) repeated that the Defendant’s sexual organ was pushed away after being pushed the victim’s her her arm’s length in the victim’s her arm’s length; and (d) the Defendant’s shoulder and her chest at the same time was pushed back by repeatedly her shoulder and her chest, and there is insufficient evidence to support that the Defendant committed an indecent act against the victim by committing an indecent act against the victim for six minutes.

Indecent act on the victim.

Summary of Evidence

1. The witness E’s legal statement (the defendant alleged that he did not commit an indecent act against the victim, but the victim’s statement in the legal and investigative agency may be trusted in light of the victim’s attitude and content. Thus, the defendant’s assertion is without merit)

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Articles 70 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. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a related agency pursuant to Article 43 of

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the sexual crime subject to registration which can be achieved due to such order.

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