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(영문) 수원지방법원 2016.06.16 2016고단1537

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 2, 2016, around 01:40, the Defendant committed an indecent act against the victim in a bus, which is a public densely-populated place, in the manner that the victim D (a name, South, and the age of 27) takes up 4-5 parts of the right side of the passenger D (a name, South, and the age of 27) on the left hand, within C’s bus that passed through the “Seoul Tolut Stick Line” located in the Dog-gu, Sungnam-si, Seonam-si, Seonam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 defendant committed an indecent act on the bus for the reason of sentencing under Article 334(1) of the Criminal Procedure Act. Although the nature of the crime in this case is not good in light of the contents and methods of the crime in this case and the circumstances after the crime, the defendant's mistake is recognized, reflects the fact that the defendant is an initial offender, and reached an agreement with the victim, etc., the defendant's age, occupation, sex, family relation, etc. are comprehensively considered and sentenced as ordered.

Where a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 competent agency pursuant to Article 43

The age of the defendant exempted from an order to disclose personal information, the risk of recidivism, the contents and motive of the crime, the method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.