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(영문) 의정부지방법원 고양지원 2017.11.14 2017고단2767
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

피고인은 2017. 7. 15. 23:10 경 서울 영등포에서 일산 방면으로 운행하는 B 버스 내에서 버스 후문 주변 창가 쪽 의자에 앉아 눈을 감고 있던 피해자 C( 여, 38세) 의 옆 좌석에 앉아 피해자 쪽으로 머리를 기대고, 피해자의 귀에다 귓속말을 하며 입김을 불고, 피해자의 왼쪽 허벅지에 손을 올려 공중 밀집장소에서 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (booms and video CDs in buses);

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the background leading up to the instant indecent act; (b) the degree of conduct by the Defendant; (c) the likelihood of sexual humiliation of the victim’s suffering; (d) the fact that the victim did not receive a written appearance; (c) the recognition of the crime; (d) the fact that there was no record of punishment for the same kind of crime; and (e) the fact that there was no record of punishment for the same crime; and (e) the punishment is determined by taking account of all the factors indicated in the record, such as the Defendant’s age, occupation

Where a conviction of a defendant against a criminal fact stated 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, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order of personal information is exempted.

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