beta
(영문) 수원지방법원 2016.12.22 2016고단5496

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 3, 2016, at around 14:15, the Defendant committed an indecent act on the part of the victim E (n.e., 29 years old) who followed the victim E (n. b. 29 years old) in front of the Defendant at the location near the 6th entrance of the passenger train of Seoul subway No. 4, the train of the Seoul subway No. 4, which started from the D Line 4 of the Seoul subway No. 195, and operated in the private station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed an indecent act against the victim using the sexual organ within the subway.

As a result, the victim seems to have suffered a lot of sexual humiliation, and thus, the responsibility is large.

On the other hand, the fact of crime is recognized and wrong.

It is also recognized that the history of criminal punishment is not confirmed.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the instant pleadings, a fine shall be imposed on the Defendant.

When a conviction on a sex offense subject to registration of personal information becomes final and conclusive, the defendant shall become a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information to the relevant agency as prescribed in Article 43

The age, occupation, risk of recidivism, motive of crime, progress and seriousness of crime of the defendant exempted from the disclosure order and notification order.