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(영문) 서울중앙지방법원 2017.03.17 2016고단9292
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of four 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 December 9, 2016, the Defendant, at around 08:40, committed an indecent act against the victim in means of public transportation by putting the victim’s left side her hand at the front line attached to the victim B (V, age 23) located behind the front line of the subway No. 4 located at the entrance of the subway No. 4 in Seongbuk-gu Seoul Seongbuk-gu, Seoul, and one of the subway No. 4 in the direction of the Hansung-gu area.

2. On December 9, 2016, around 08:44, the Defendant committed an indecent act on the part of the victim in means of public transportation by putting the victim’s left her part of his/her mare set back near the victim C (V, 34 years old) in the front-dong Station of the subway No. 4, the subway No. 69, which is operated in the direction of the Eastwest Station of the Eastwest Station of Seoul Jongno-gu in the direction of the said subway No. 69.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the choice of punishment has been made, and the selection of fines (it shall be considered that there is an indecent act by combining the victimized women in the subway, but it shall be considered that there is an agreement with B among the victims, the primary offender, the entire confession and reflect of the crimes, 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 for the crime of this case, method of crime, result and consequence of exemption from disclosure order and notification order.

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