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(영문) 서울남부지방법원 2018.04.13 2017고단5784

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

피고인은 2017. 10. 30. 07:50 경 서울 영등포구 양 평로 40에 있는 지하철 9호 선 당산 역에서 여의도 역 구간 급행 전동차 안에서 주변이 혼잡한 틈을 이용하여 피해자 D( 여, 24세) 의 등 뒤에 바짝 붙어 서서 피고인의 성기 부위를 피해 자의 엉덩이 부위에 밀착하고 움직이며 비벼댔다.

Accordingly, the defendant committed an indecent act against the victim in the populated electric vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is based on the number of offenses, the contents, and the degree of indecent act, etc. of the instant crime, and considering the following factors: (a) the Defendant’s mistake is against the Defendant; and (b) the primary offender who has no record of criminal punishment is the first offender; and (c) the Defendant’s age, sexual conduct, environment, family relationship, circumstances after the commission of the crime, and all other factors on the records, including the circumstances after the commission of

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

The Defendant’s age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order shall be considered comprehensively taking into account the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention of sex crimes subject to registration that may be achieved therefrom, and effects of protecting the victims, etc.