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(영문) 서울북부지방법원 2017.09.14 2017고단2524
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 March 13, 2017, at around 08:50, the Defendant committed an indecent act on the part of the Defendant’s sexual organ over about 10 minutes by committing an indecent act against the victim in a manner of 10 minutes away from the mar train operated from the mar station of subway No. 4 to the mar station of the Eastern History Cultural Park in Seoul, Jung-gu, Seoul, to the mar station of the Dongdae Station Cultural Park, with the body of the victim D (V, 27 years old).

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning arrest;

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 defendant does not feel sexual humiliation or mental impulses of the victim – the registration of personal information that has no record of criminal punishment, and the conviction of the crime that constitutes a sex offense subject to registration to be submitted is finalized.

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