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(영문) 수원지방법원 2016.10.27 2016고단5318
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 8, 2016, at around 23:50, the Defendant boarded at the bus stops located in Gangnam-gu Seoul, Gangnam-gu, a route number of 5100, and c. 5100, the Defendant sited on the side seat of the victim D (the name, the 24 years old, the f.m.), putting the Defendant into the part of the victim's clothes, putting the Defendant her chest into the part of the victim's clothes.

Accordingly, the defendant committed an indecent act on the victim in a public transport bus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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 reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed an indecent act against the victim in a bus. In light of the content and method of the crime, the nature of the crime is inferior, and the fact that the defendant was not prepared by the victim until now is disadvantageous to the defendant.

However, considering the fact that the defendant's mistake is recognized, and there is no record of punishment or punishment exceeding the fine prior to the instant case, the defendant's age, character and conduct, etc., and all the sentencing conditions shown in the records and arguments, such as the defendant's character and conduct, shall be sentenced as ordered.

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, the accused 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

The defendant's age, risk of recidivism, contents and motive of the crime, method of the crime, seriousness of the crime, and order of disclosure of personal information shall be exempted from an order of disclosure or notification.

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