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(영문) 서울북부지방법원 2015.02.04 2014고단3193
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On July 26, 2014, at around 01:10, the Defendant was on board the bus No. 3100 operated in spocheon-ro, Gangnam-gu, Seoul, as an active stop place. On July 26, 2014, the Defendant was on board the bus No. 3100, which was operated in spocheon-ro, Gangnam-gu, Seoul. On the left side of the victim C (n, 24 years old) where the right side of the back of the bus sits on the seat, and the bus was on board the victim’s left side of the bus, and the said bus was on a hand around

In such a way, the Defendant committed an indecent act on the victim in a bus, which is a place of public smuggling, until the bus is located near the relay station.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness C and D’s statutory statement;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order does not deny and reflect the crime, and does not agree with the victim. On the other hand, the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and all other circumstances including the defendant's age, character and conduct, family relation, motive and consequence of the crime shall be determined as ordered

Where a conviction becomes final and conclusive on a criminal fact 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, and is obligated to submit personal information to the competent agency pursuant to

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration which can be achieved, and the protection of the victim.

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