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(영문) 의정부지방법원 고양지원 2016.12.28 2016고단3537

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2016. 9. 15. 23:50경 서울 은평구 불광로 129-1에 있는 독바위역에서 출발하여 서울 은평구 통일로 849에 있는 연신내역 사이를 운행하는 6호선 지하철 전동차 안에서 팔짱을 낀 손으로 피해자 C(여, 24세)의 가슴을 만졌다.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Selection of Fines for 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where a conviction becomes final and conclusive with respect to the criminal facts stated in the judgment that constitute a sex offense subject to registration and submission of personal information, taking into account all of the factors of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, motive, means and consequence of the crime, etc., 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, it is determined that there is a reason that the personal information should not be disclosed or notified.