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(영문) 서울북부지방법원 2015.05.28 2015고단754
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 February 14, 2015, the Defendant: (a) around 06:30, the part of the injured party B (the age 22)’s right buckbucks located near the entrance in the subway 7 subway lines located in Dobong-gu Seoul, Dobong-gu, Seoul. In the front line, the Defendant got off the subway 7 lines located in Dobong-gu, Seoul.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 (1) and 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;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, based on the following major factors: (a) the recognition of a sentence by taking into account the details of the offense, method, age, occupation, character and conduct, environment, etc. of the accused; (b) the registration of personal information not obtained from the first offender; and (c) the conviction of a sex offense subject to registration is based on Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and (d) the accused is a person subject to registration of personal information pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, punishment records, expected side effects and expected side effects of a crime subject to registration that may be achieved due to an order of disclosure or notification of personal information, prevention and effect of a sexual crime subject to registration, protection of the victim, etc., Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and children and juveniles against the protection of the victim.

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