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(영문) 의정부지방법원 고양지원 2014.10.17 2014고단1513
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 March 21, 2014, around 00:48, the Defendant committed an indecent act against the victim in any means of public transportation by rhyming the gap in which the victim C, who was seated on the left side of the Defendant in the front line of subway line 3, which is operated in the 1180-ro area, Goyang-dong-gu, Mangsan-si., the Defendant committed an indecent act on the victim in any means of public transportation by rhhing the inside inside the buckbucks of the victim with his left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act on the Statement of Evidence C

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. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., in full view of the Defendant’s age, occupation, risk of repeating a crime, the type of the crime in this case, consequence, and seriousness of the crime, the disclosure order or notification order, the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances that the disclosure or notification of personal information shall not be ordered pursuant to

The reason for sentencing is to consider the mental impulse suffered by the victim due to the crime of this case, the type of the defendant's act and the degree of indecent act.

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