beta
(영문) 광주지방법원 2018.10.17 2018고단2526

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

The defendant is a person with a cadastral disability third grade.

around 08:00 on April 25, 2018, the Defendant committed an indecent act against the victim on a bus, which is a mass means of public transportation, by embucking off the part of the victim E (name, leisure, age 18) who was seated outside the second seat of the driver’s seat, in the D bus near the C Park stop located in Gwangju Mine-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to suspects, videos, etc.);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant admits and reflects his mistake, the first offender who has no record of criminal punishment, the fact that the defendant is being treated due to intellectual disability and friendly disorder, etc., and the defendant's age, sexual conduct, motive and means of the crime, and the circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order.

Where a conviction against a defendant is finalized in relation to 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 a related agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure order or notification order, and the subject of registration that can be achieved due to such order.