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(영문) 수원지방법원 2015.01.12 2014고단5692
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, at around 19:20 on June 25, 2014, when the Defendant was unable to discern things or make decisions due to sexual contact, committed each indecent act against the victims over about 10 minutes by pushing his/her sexual organ on the part of the victim (if the victim was 40 presumed to have his/her sexual organ) who was on board the bus 22 in the new village bus located in the city of Gannam-dong, Nannam-dong, Gannam-si, Gan-si, Gan-si, Gan-si, Gan-si, Gan-si, Gan-si, Gan-si, Gan-si, Gan-si, Gan-si, Gan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lann at the time of the movement of the wife population at Gan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In a case where a conviction against the accused is finalized on the facts constituting a sexual crime subject to the registration of personal information under Article 49(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 the accused is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act. The accused’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, notification order, degree of disadvantage and anticipated side effects of the accused’s injury, and sexual crime subject to registration which can be achieved

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