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(영문) 수원지방법원 안양지원 2018.05.02 2017고단225
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On June 23, 2016, around 21:00, the Defendant 6-4 square meters along subway 4 lines and f-4 square meters, committed an indecent act against the victim in means of public transportation by making two times the right side bucks of the victim B (the age of 26) who was seated next to the Defendant’s seat.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to B (tentative name);

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 2-1);

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 does not correspond to the nature of a crime in light of the background and content of the crime, it shall be taken into account the Defendant’s age, sex, criminal conduct, occupation, family relation, etc., and multiple sentencing conditions, including the Defendant’s age, sex, and family relation. In a case where a conviction against the Defendant is finalized with respect to the criminal facts in the judgment that are subject to registration and submission of personal information, 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.

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

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