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(영문) 서울중앙지방법원 2015.07.03 2014고단9753
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 November 6, 2014, at around 22:43, the Defendant went through the left side of the Victim F (F, 26 years old) in front of the Defendant, who entered the “E Station” located in Gwanak-gu, Seoul Special Metropolitan City. On November 6, 2014, the Defendant went through the left side of the Victim F (F, 26 years old) and became the victim’s left seat.

Accordingly, the Defendant committed an indecent act against the victim in the subway train, which is a place of public smuggling.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F’s legal statement (the Defendant, while getting off from his train, asserts that the Defendant’s hand in contact with the victim’s her son, but the Defendant did not have any intention to commit an indecent act. However, since the victim made a concrete and clear statement about the circumstances in which the indecent act was committed by the Defendant, and credibility exists as the victim made a specific and clear statement, the Defendant may be found guilty of the facts charged) application of the law.

1. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment.

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act - The reason for sentencing under Article 334(1) of the Provisional Payment Order - The first offense is the first offense, and the extent of damage caused by indecent act is not serious: the Defendant’s unfavorable circumstances would not be contrary to the denial of the crime by the victim. The victim’s failure to recover from damage was found. In a case where a conviction against the Defendant on the criminal facts indicated in the judgment that constitutes a sex offense subject to registration 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

The Defendant’s age, occupation, risk of recidivism, and type, motive, and motive of the instant crime.

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