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(영문) 서울중앙지방법원 2017.03.24 2016고단8545

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On October 11, 2016, around 01:30 on October 11, 2016, the Defendant: (a) placed his/her hand in the e-mail or the surface of the water located adjacent to the Defendant’s right side of the E-mail or the surface of the water located adjacent to Gangnam-gu Seoul, Gangnam-gu, Seoul, into the victim’s sexual organ.

2. On October 11, 2016, around 02:30 on October 11, 2016, the Defendant, at the place stipulated in the foregoing paragraph 1, carried the Defendant’s hand away from the left side of the Defendant’s (25 years old) and carried the Defendant’s sexual organ.

Accordingly, the defendant committed each indecent act against the victims in a concentrated place twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and F;

1. Relevant legal provisions and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Punishment, etc. of Sexual Crimes, the selection of fines (including the fact that all victims agree to commit a crime, the confession and reflect of a crime, and the fact that there is no record of criminal punishment

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

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. If a conviction on each of the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 same Act.

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.