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(영문) 서울남부지방법원 2017.07.07 2017고단1734
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On March 16, 2017, at around 18:42, the Defendant used a mixed gap in the line of C Station subway 1 located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, which started from the line of C Station 1, and was closely adhered to the her sexual flag, after the victim, etc. of the unsound female victim.

In this way, the Defendant committed an indecent act on the victim at the electric train, which is a means of public transportation, for about five minutes until he arrives in the D Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police investigation report (at least 100 scopic images and scopic images) Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act does not mean that the degree of criminal conduct is not less complicated, but it is not good that the crime of this case was committed continuously for about five minutes, and the victim seems to have suffered considerable mental pain and sexual humiliation due to the crime of this case, and the defendant did not receive a letter from the injured party, and therefore, the defendant's liability is not less complicated.

However, in light of the fact that the defendant committed the crime of this case and is against the mistake, that there is no specific criminal record other than the punishment imposed once for the crime of this case, the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all the conditions of sentencing as stated in the previous theory, such as the circumstances after the crime, etc., shall be determined as ordered by the order.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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.

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