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(영문) 서울중앙지방법원 2016.05.20 2016고단1534

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

around 19:15 on February 12, 2016, the Defendant viewed the front of the Defendant’s person, etc. inside the front-time train operated from subway No. 9 line E line in Dongjak-gu Seoul Metropolitan Government to the backside of Sisan mountain, and the meast of the Victim F (V, 22 years old) in the front-time macks the left part of his sexual flag, and brought his sexual flag to the front part.

Accordingly, the Defendant committed an indecent act against the victim within the preceding vehicle, which is a means of public transportation densely concentrated by the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the F Statements;

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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the following specific circumstances and the sentencing conditions as stated in the pleadings, including the Defendant’s age, sex, home environment, and circumstances before and after the crime, and the sentence like the order is determined.

When a conviction on a crime that constitutes a sex crime subject to registration and submission of personal information has become final and conclusive after all of the crimes have been committed by an investigative agency and having no record of crime so far, such as being present at the education to prevent sexual assault by itself, etc., and a conviction on a crime subject to registration 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 obliged to submit personal information to the competent agency under Article 43 of the same Act

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the sexual crime subject to registration which may be achieved due to such order.