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(영문) 서울중앙지방법원 2015.08.21 2015고단3645
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 5, 2015, at around 08:00, the Defendant committed an indecent act against the victim in the means of public transportation in the same way as the victim followed by the victim C (a family name, a female, 25 years old) in the subway 9 line moving from the salt station located in the airport of Gangseo-gu Seoul Metropolitan Government to the old Jinjin-ro 151, Dongjak-gu, Seoul, 151.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing under Article 334(1) of the same Act - Circumstances favorable to the defendant: The defendant's mistake and reflects the fact. There is no record of having been sentenced to imprisonment or heavier punishment; unfavorable circumstances where the defendant's conviction against the defendant is finalized as to the criminal facts subject to registration of a sex crime subject to registration 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 the defendant is obligated to submit personal

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, 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, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the punishment of a sexual crime shall be punished.

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