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(영문) 의정부지방법원 2015.02.02 2014고단4067
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 September 29, 2014, the Defendant, around 09:30, operated in the direction of the hot water line of 7 subway lines located in 103 the ridge-dong, Gwangjin-gu, Seoul, in the subway, and the victim B (n, 22 years old) was coming back from the back of the victim's port hand to the left hand.

Accordingly, the defendant committed an indecent act against the victim in the subway, which is a place of public smuggling.

Summary of Evidence

1. Defendant's legal statement;

1. Application of B’s written laws and regulations;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include unfavorable circumstances where the defendant did not agree with the victim, the fact that the defendant was committed in the course of committing the crime, and the primary offender is considered as favorable circumstances. The method and result of the crime in this case, the conditions for sentencing, including the circumstances after committing the crime, the age, character and conduct, and home environment, shall

Inasmuch as a judgment of conviction was rendered against a defendant who has registered personal information as a result of a crime, if this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively taken into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims of sexual crimes.

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