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(영문) 서울중앙지방법원 2017.02.10 2016고단7579
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 30, 2016, at around 18:45, the Defendant committed an indecent act against the victim by pushing ahead of the victim E (V, 25 years of age) who was in front of the Defendant’s sexual organ in the front of the train where passengers were concentrated in the subway 1 line D stations located in Guro-gu Seoul Metropolitan Government, and by pushing ahead the victim after the other victim E (V, 25 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is difficult to expect smooth implementation of order to complete program due to the lack of communication with any foreign disabled person pointed out of interest, and it is also difficult to achieve

Since it appears that there are special circumstances where it is impossible to impose orders to complete the crime, the sentencing conditions stated in the records of the instant case, such as the Defendant’s age, sexual conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full consideration.

Where a conviction becomes final and conclusive on a criminal fact stated in the judgment that is a sex offense subject to registration and submission of personal information, 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, motive for committing the crime of this case, method of committing the crime, seriousness of the crime, order of disclosure of personal information, or order of disclosure.

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