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(영문) 수원지방법원 2015.11.26 2015고단5053

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

around 18:55 on September 10, 2015, the Defendant got in the subway station that moves from the subway line 9 to the seat of the Kimpo Airport, and the subway was different from the Sinsan Station, and the Defendant became only the victim C (nive, 21 years old) with the hand floor.

Accordingly, the defendant committed an indecent act against the victim in the subway, which is a place of public smuggling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of the selective fine of punishment (the amount shall be determined by taking into account the fact that the accused is the primary offender and the fact that the accused is against him/her, and taking into account the characteristics and degree of the indecent act, the degree of sexual humiliation and shame of the victim, the degree of sexual humiliation and the fact that the victim was not able to take

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. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the accused 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 a related agency pursuant to Article 43 of

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, anticipated side effects and expected side effects to be achieved therefrom, the preventive effect of a sexual crime subject to registration to be achieved therefrom, the effect of protecting the victim, etc., the personal information shall not be disclosed or notified pursuant to 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 of Children and Juveniles against Sexual Abuse.