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(영문) 서울북부지방법원 2016.09.29 2016고단2830
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 1, 2016, from around 18:29 to around 18:39, the Defendant: (a) pushed down the body after the victim B (V, 23 years of age) and pushed down the Defendant’s sexual flag and Hebbbbucks into the her seat and committed an indecent act on the victim within the subway train, which is a place where the public is concentrated, by leaving the victim’s head smell, and making the victim’s head buck in contact with the buckbucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of enforcement manual statutes;

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

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The fact that there is a history of punishment of a fine once for the same crime, which is not received from the injured party - the recognition and reflect of the crime, and the degree of conduct in the prosecution is relatively minor, and the conviction is finalized for the fact of the crime that is a sex offense subject to registration to be registered.

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