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(영문) 서울중앙지방법원 2016.12.23 2016고단7833

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

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

Reasons

Punishment of the crime

피고인은 2016. 10. 4. 18:40경 서울 동작구 D에 있는 지하철 9호선 E역 부근을 진행하는 전동차 내에서 짧은 치마를 입고 있는 피해자 F(여, 23세)의 뒤에 서 있다가 성기를 피해자의 엉덩이에 밀착시키고 발기된 성기를 비볐다.

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant legal provisions concerning facts constituting an offense and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Selection of Fines and the Suspension of Indictment for the same kind of crime, however, an agreement was reached by paying 4 million won to the victim and making a confession and reflect, etc.);

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. If a conviction on 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 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 pursuant to Article 43 of the same

In full view of 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 entrance due to the disclosure order or notification order, the prevention of sexual assault crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order and notification of personal information under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse is determined to have special circumstances that may not be disclosed and notified.