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(영문) 수원지방법원 2017.12.07 2017고단6491
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 20, 2017, the Defendant: (a) moved the section of the river basin from the locking room station around 22:50, the Defendant: (b) anticipated the body to the victim B (a) who was seated on the left side; (c) started to 31 years old; and (d) met with the victim’s hand, notwithstanding the victim’s provisions.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to C and B (tentative name);

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. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act takes into account the method and form of the instant indecent act for the reason of sentencing; however, considering favorable circumstances, such as the Defendant’s violation of the Defendant’s wrongness, the Defendant’s primary offender, and the fact that the damaged person upon agreement with the victim does not want to punish the Defendant, the punishment as set forth in the Disposition shall be determined by taking into account the Defendant’s age, sexual behavior, environment, circumstances after the commission of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments.

Where a conviction against a defendant is finalized on 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 the relevant agency pursuant to Article 43 of the same

The age, occupation, risk of recidivism, type of crime, motive, process, results and seriousness of the crime of this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the subject of registration that can be achieved due to such order.

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