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(영문) 수원지방법원 안양지원 2016.10.05 2016고단967

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On May 24, 2016, around 08:08, the Defendant committed an indecent act against the victim D in any means of public transportation by taking advantage of the gap in subway 9 lines located at the airport of Gangseo-gu Seoul, Seoul, to the Sinsan Station from the subway 631 to the Sinsan Station, and by taking advantage of the gap in around 33 years of age, the Defendant committed an indecent act against the victim D in any means of public transportation by taking the victim’s sexual organ closely into the victim’s mack, and by taking the Defendant’s sexual organ into the mack in rain, while the said macks turn back to his action from the macker Station, the Defendant committed an indecent act against the victim D in any means of public transportation by taking the victim’s sexual organ into the right side of the macker D.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements in C and D;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 - The reason for sentencing against the defendant under Article 334(1) of the Provisional Payment Order - The fact that the nature of the crime is inferior in light of the background and attitude of the crime, the fact that the victims failed to obtain a letter of suspicion, etc. - The first offender is making efforts to prevent recidivism while seriously resisting the error, and the first offender is the defendant's age, character and behavior, occupation, family relationship, etc. - Where the conviction of the defendant against the 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

The defendant's age, occupation, or exemption from an order to disclose or notify personal information;