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(영문) 의정부지방법원 2014.11.10 2014고단3302

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 28, 2014, around 05:50 on July 28, 2014, the Defendant committed an indecent act against the victim at “C” Mana, which is located in B at the Government-Si of Gyeonggi-si, where the victim D (Inn, 25 years of age) and then put the hand into the victim’s will, put the victim’s her son into the victim’s seat, and the victim’s her b

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. 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 of the provisional payment order is unfavorable under the circumstances that the defendant did not agree with the victim, and the defendant is against the time of committing the crime, and the fact that the defendant has no record of being punished for the same kind of crime shall be considered under favorable circumstances. The punishment shall be determined by comprehensively taking into account all the conditions of sentencing, including the method and result of the crime in this case, the circumstances after committing the crime, the age

Inasmuch as a judgment of conviction was rendered against a defendant who has registered personal information as a result of a crime, if this judgment becomes final and conclusive, the defendant is 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 is obligated to submit personal information to the relevant agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc.