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(영문) 서울중앙지방법원 2019.01.25 2018고단7348
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 August 9, 2018, at around 19:20, the Defendant boarded the train of subway 9 lines, which is operated in the direction of the Dongjak-gu Seoul Metropolitan Government following the victim's name-free women, in the C Station located in Seocho-gu.

The Defendant, even after the victim’s appearance, pushed the victim’s chest and buckbucks, pushed the Defendant’s chest and her buck, and committed an indecent act on the victim’s body at a pre-driving vehicle, which is a means of public transportation, for about five minutes, such as raining the Defendant’s body part while operating the buck.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on investigation and report on investigation of suspects;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the criminal records on March 25, 2003 when the defendant was issued a summary order of one million won or more with previous and previous penalties on March 25, 2003. However, there has been no criminal records for ten years or more, the defendant's recognition of facts charged, reflects on the facts charged, and does not repeat the crime, and the defendant's age, character and behavior, environment, motive and consequence of the crime, circumstances after the crime, degree of indecent act, etc. shall be determined by comprehensively taking into account the various conditions of sentencing as shown in the argument of the instant case, such as the defendant's age, character and behavior, environment

Where a judgment of conviction becomes final and conclusive against a defendant on the facts constituting an offense on which he/she has ordered to register personal information and submit such 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction Orders.

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