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(영문) 서울중앙지방법원 2016.07.08 2016고단1919
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On March 15, 2016, around 19:11, the Defendant committed an indecent act against the victim in means of public transportation for about four minutes, on the following hand, the Defendant: (a) attached the gap in which the passengers are concentrated in the electric car operated by the subway E line of subway No. 9 located in Seocho-gu Seoul Metropolitan Government, after the other victim F (n.e., age 31).

2. The Defendant, at around 19:15 on the same day, avoided the Defendant and moved the foregoing F in the front dong, and, after the victim G (V, 36 years of age), put the son’s son’s son’s son, etc. on the top, repeatedly committed an indecent act against the victim in means of public transportation over about four minutes by turbing the son’s son’s son, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes to the F and G preparations;

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 on the Punishment, etc. of Specific Crimes (Consideration of punishment, the degree and frequency of the punishment, the first crime, the confession and the reflection thereof, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. If a conviction on each of the facts constituting 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 becomes 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 same Act.

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the protection effect of the victim, etc.

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