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(영문) 서울중앙지방법원 2018.06.01 2017고정3203
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 13, 2017, around 18:56, the Defendant committed an indecent act by sticking the body on the chest part of the victim C (19 years old, female) within the electric rolling stock train (B) 4-4 square meters operated in the direction of the old-ray calendar station in Dongjak-gu Seoul Metropolitan Government Nowon-gu, and subway No. 9, the Defendant committed an indecent act by inserting the body on the chest part of the victim C (19 years old, female).

Accordingly, the Defendant committed an indecent act against the victim in the subway train, which is a densely concentrated place for the public.

Summary of Evidence

1. Statement of the witness D and E in the second public trial protocol;

1. Statement made by C by the witness in the third public trial protocol;

1. Statement made by the police against C;

1. C’s statement;

1. Application of Acts and subordinate statutes on investigation reports (Attachment of enforcement images);

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. Where the registration of personal information and the conviction of the accused against the duty to submit the personal information under Article 334(1) of the Criminal Procedure Act are finalized, the accused 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 accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and background of a crime, method and seriousness of a crime, crime record, disclosure order or notification order, the degree and expected side effect of the disadvantage of the Defendant, which may be achieved therefrom, the preventive effect of a sexual crime subject to registration, the effect of the protection of the victim, and the principle of prohibition of disadvantageous change, etc., the exemption order and notification order shall be made pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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