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(영문) 수원지방법원 안양지원 2018.03.09 2017고단1387
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 May 2, 2017, the Defendant committed an indecent act against the victim by making use of the gap in which the victim d (e.g., 20 years of age) was locked at the 'C Sarina' 'C Sarina' which is a place where the public is concentrated in the 03:25 Annyang-gu, Sayang-si, Sayang-si, B, and 7 floors, and by making use of the gap in which the victim d (e.g., 20 years of age) was diving and using it as his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on field CCTV photographs;

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 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. However, the Defendant’s mistake is against the Defendant, and various sentencing conditions, such as the Defendant’s age, sexual conduct, occupation, etc. are taken into consideration. In a case where a conviction against the Defendant on a sex crime 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.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act. In light of the following: (a) the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree of disadvantage and side effect that the Defendant would suffer due to an order to disclose or notify personal information; (b) the preventive effect of the sexual crime subject to registration that could be achieved therefrom; and (c) the effect of protecting the victims thereof.

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