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(영문) 서울중앙지방법원 2017.02.08 2016고단8499
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 November 10, 2016, at around 08:35, the Defendant started from the station of subway 2, the subway 2089, in the southwest-gu Seoul Metropolitan Government, Nam-gu, Seoul, and committed an indecent act against the victim in the means of public transportation, starting from the station of the subway 2, the subway 2089, and operated in the direction of the discharge station.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written victims;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to have committed the act in a timely manner from the beginning; (b) the Defendant has made efforts not to repeat the expression of reflective nature, such as having completed education to prevent sexual harassment and sexual assault education; and (c) having been given counseling with a psychiatrist, etc.; and (d) the primary offender without any previous conviction so far, taking into account the favorable circumstances such as the method and form of indecent act; (b) the Defendant’s age, sex, family environment, health conditions; and (c) the sentencing conditions specified in the arguments, such as the method and form of indecent act; and (d) the sentence as ordered.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 competent agency pursuant to Article 43

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry 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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