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(영문) 의정부지방법원 고양지원 2017.09.19 2017고단1727

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 April 10, 2017, from around 08:05 to around 08:13 on the same day, the Defendant operated a space from the 6-line digital media view station in Eunpyeong-gu Seoul, Seoul on the search to the same route, following the victim B (V, 28 years old), etc., who is a passenger, committed an indecent act against the victim in any means of public transportation that is a place where the damaged person’s sexual intercourse is pushed ahead of the victim’s mack, and is in a place where the public is concentrated by rain, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of B’s written laws and regulations;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant is subject to registration of personal information and to submit personal information on the criminal facts stated in the judgment that constitute a sex offense subject to registration, taking into account all of the sentencing factors indicated in the record, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, where the conviction of the defendant becomes final and conclusive, the defendant is obligated to submit personal information to the competent authority pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, inasmuch as he/she is subject to registration of personal information under Article 43 of the same Act, and is obligated to submit personal information pursuant to Article 43 of the same Act.

The defendant's age of exemption from the disclosure order or notification order, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, and the results will be achieved.