beta
(영문) 서울남부지방법원 2014.09.24 2014고단2596

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

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

Where the defendant does not pay the above fine, the 10,000 won shall be the one day.

Reasons

Punishment of the crime

On April 19, 2014, at around 22:35, the Defendant boarded at 1:1 square line 1-1 column of the Incheon Electric Track, and passed near the 133 Guro-gu Seoul Guro-gu, Guro-gu, Seoul, the Defendant committed an indecent act against C in any means of public transportation, which is located in the place of public transportation, such as: (a) the victim C (nore, 21 years old); (b) the left hand over the shoulder of the victim C; and (c) the victim C’s left hand over the shoulder of the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of victims C;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective 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. In light of the method and content of the crime of this case in the sentencing ground of Article 334(1) of the Criminal Procedure Act, the sentence is ordered as ordered in consideration of all of the following factors: although the nature of the crime is not weak in light of the method and content of the crime of this case; however, its mistake is recognized and reflected; there is no record of punishment since entry into Korea; and there is no record of punishment since entry into Korea; and all of the sentencing conditions, including

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex crime subject to registration and submission of 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 obligated to submit personal information to the competent agency

When considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, in a comprehensive manner.