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(영문) 부산지방법원 2016.11.04 2016고단4996
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)교사
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

No person shall commit an indecent act on another person in any means of public transportation, place of public performance or assembly, or other crowded public places.

Nevertheless, at around 02:51 on January 23, 2016, the Defendant committed an indecent act against the victim’s breasts by putting the victim D (n, 21 years of age) who was entering the Mapo-gu Seoul Metropolitan Government Office B’C’s 'W' room, and putting the victim’s breasts into the inner clothes.

Accordingly, the Defendant committed indecent act on a person at a public gathering place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of a selective fine for punishment (the first crime and the depth of the crime is reflected, and the victim has reached an agreement with the victim and is not subject to the punishment of the defendant);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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

In full view of the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., Articles 47(1) and 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.

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