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(영문) 의정부지방법원 2014.09.22 2014고단1987
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 31, 2013, around 09:10, the Defendant: (a) between the Dowing Station of subway No. 1 and the network monthly station of subway No. 1, but between the Dowing Station of subway No. 1 and the Doducheon Station of subway No. 1, the Defendant was seated in the 19 years old passenger car of subway No. 1, the Defendant reported that the Defendant was seated on the right side of the victim, and the victim’s her her her her her her her her her her

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Chapter 8 of the Act to Defendant’s photograph

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include unfavorable circumstances where the defendant did not agree with the victim, the fact that the defendant was committed in the course of committing the crime, and the primary offender is considered as favorable circumstances. The method and result of the crime in this case, the conditions for sentencing, including the circumstances after committing the crime, the age, character and conduct, and home environment, shall

Inasmuch as a judgment of conviction was rendered against a defendant who has registered personal information as a result of a crime, if this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 relevant agency

The Defendant exempted from an disclosure or notification order, taking into comprehensive account the Defendant’s age, occupation, risk of repeating a crime, motive, progress and seriousness of the crime, the degree and anticipated side effects of the disadvantage the Defendant suffers due to the disclosure or notification order, the preventive effects of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc.

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