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(영문) 수원지방법원 2017.09.07 2017고단4303

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 19, 2017, the Defendant discovered the victim E (a woman, pseudonym) who takes charge of the victim’s chest at the D Sabyari-gu, Young-gu, Gari-si, Gari-si on May 19, 2017, and committed an indecent act against the victim at a densely-populated place by making the victim’s breast at his/her hand only once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of Acts and subordinate statutes to investigation reports (investigation, such as the scene ofCCTV crimes);

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act takes into account the method and content of the instant indecent act, the victim’s intent to punish the crime, etc. However, considering favorable circumstances, such as the Defendant’s reflection of mistake, the Defendant’s primary offender, etc., and taking into account the Defendant’s age, sexual conduct, environment, background of the crime, circumstances after the crime, etc., the punishment as set forth in the Disposition shall be determined by taking into account the following factors:

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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 obligated to submit personal information to the relevant agency pursuant to Article 43 of the same

Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, 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 effects of the sex offense subject to registration that may be achieved, and the effects of the protection of victims, etc.