beta
(영문) 수원지방법원 안양지원 2019.08.21 2019고단1014

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 13, 2019, around 05:55 on April 13, 2019, at the second basement of the 'Cariba' underground in the Manan-gu, Manan-gu, Manan-gu, Manan-gu, the Defendant met twice the victim D (a name, leisure, 32 years of age) who was divingd by a doctor.

Accordingly, the Defendant committed an indecent act against the victim in the private house, which is a place of public secrecy.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of CCTV photographs (Crhographies) Acts and subordinate statutes;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the following factors are comprehensively taken into account the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime, and various sentencing factors indicated in the present arguments and records, such as the circumstances after the crime.

D. Unfavorable circumstances: Each of the crimes of this case committed by the Defendant is a letter that many unspecified persons are taking the surface or rest of the water, or the bridge of the victim, which is locked in the water surface room, and the nature of the crime is poor in light of the content of the crime.

The crime of this case seems to have caused the victim to feel a considerable sense of sexual humiliation and displeasure.

The favorable circumstances: The defendant seems to have the attitude of recognizing and opposing the wrongness.

The degree of indecent act in this case is relatively minor.

The defendant paid 2 million won to the victim during the trial process.

The defendant has not been sentenced to a fine of one million won due to the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. around October 2005.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.