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(영문) 의정부지방법원 고양지원 2016.04.27 2016고단207

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On December 28, 2015, the Defendant, starting from the Seoul Maternology station around 21:42 on December 28, 2015, was boarding the B bus that runs from the high-sasan-si, Mangsan-si.

At around 22:18 on the same day, the Defendant: (a) around the time when the bus was in the vicinity of the digital media center in Eunpyeong-gu Seoul Special Metropolitan City due to search, and around 5 seconds of the victim C (29 years old, female) who was seated next to the end, by raising his hand on the shoulder of the victim C (29 years old, female) who was seated next to the end, and used the victim’s left bucks one time with the upper hand.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to C

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appeared to reflect on the Defendant’s attitude; and (b) the extent of the instant indecent act was not relatively serious; and (c) other factors such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime are considered, and the sentence is determined as indicated in the Disposition.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 Article 43 of

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information disclosure order, and the expected side effects may be achieved.