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(영문) 서울중앙지방법원 2015.02.25 2014고단10185
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 08:00 on September 4, 2014, the Defendant committed an indecent act against the victim in means of public transportation by attaching the part of the Defendant’s sexual flag to the victim D (V, 27 years old) in the front line of subway 2, which was operated as a private watch station in the Seoul Western-dong, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of D;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant's mistake is against his/her own mistake and does not repeat the crime, and the victim is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act in cases where the conviction of the defendant against the crime subject to the registration of personal information is finalized by taking into account the defendant's age, occupation, character and conduct, family relationship (the parent of the defendant appeals together with the guidance of the defendant), social relationship, circumstances before and after the crime, and other circumstances shown in the record.

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the child or juvenile protection order shall be considered.

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