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(영문) 서울중앙지방법원 2016.02.17 2015고단3807

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 20, 2015, at around 09:50, the Defendant: (a) adhered to the body of the victim E (V) waiting for subways from the subway station D’s subway stations located in Seocho-gu Seoul Metropolitan Government; (b) adhered to the body of the Defendant after waiting for subways from the subway station D’s subway stations located in Seocho-gu Seoul Metropolitan Government; and (c) pushed the victim’s body back to the front-time vehicle; and (d) committed an indecent act against the victim at a place where the victimized person’s sexual climate is unhulled and the public is concentrated.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and the selection of fines (in the absence of any domestic criminal record against the accused, and in the absence of the gravity of the instant indecent act)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant exempted from an order to attend a course or order to complete a program under Article 334 (1) of the Criminal Procedure Act, which is difficult to expect a smooth implementation of such order due to the lack of communication in Korean language, and is also difficult to achieve the effectiveness of preventing recidivism of sexual crimes;

Since it is judged, it is deemed that there are special circumstances in which the defendant is unable to impose an order to attend a course or order to complete a program under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, no order to attend

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection of Victims thereof are comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof.