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(영문) 의정부지방법원 고양지원 2016.11.25 2016고단2912

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 22:10 on July 17, 2016, the Defendant was boarding a D metropolitan bus operated from the Gangnam-gu Seoul Metropolitan Government Yangcheon-si University at the bus stops, Gangnam-gu Seoul Metropolitan Government, and at around 2:15 on the same day, the Defendant committed an indecent act against the victim in the means of public transportation by having contacted the victim's sexual organ several times on the right shoulder of the victim's OO (n, 21 years old) seated front seated by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes requiring a report on investigation;

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

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 of the criminal defendant's order of provisional payment is that the defendant continues to commit an indecent act for a certain period of time, and the contents of the crime are not good, and the defendant has no criminal records or criminal records identical thereto, and the defendant's age, occupation, character and conduct, family relationship, motive, means and consequence of the crime, and the circumstances before and after the crime, where the judgment of conviction becomes final and conclusive on the criminal facts stated in the judgment that are subject to registration and obligation to submit 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 obliged

The defendant's age, risk of recidivism, content 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 prevention and effect of sexual crimes subject to registration which may be achieved due to such order, and the protection of the victim.