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(영문) 수원지방법원 안양지원 2017.11.10 2017고단1191
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

On April 13, 2017, the Defendant: (a) boarded on the electric dynamics of No. 1, 2017, which was operated in the direction of digital single area to be added to C Station around C around 07:3, and (b) her left side of the victim D (the age of 29) was her hand and her fingerd with her hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to investigation reports (record preparation reports);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. Although the sentencing of Article 334(1) of the Criminal Procedure Act, in light of the background and content of the crime, etc., the criminal sentencing of the order for provisional payment is not less than the nature of the crime, it shall be taken into account both the Defendant’s primary crime and the Defendant’s age, sex, criminal conduct, occupation, family relationship, health condition, etc. Where the conviction of the Defendant against the criminal facts in the judgment that are 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 obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effect and effect of a sexual crime subject to registration that could be achieved therefrom, and the effect of protecting the victims thereof, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children Juveniles against Sexual Abuse.

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