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(영문) 수원지방법원 안양지원 2017.06.14 2017고단569
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 6, 2016, around 18:50, the Defendant: (a) taken a subway line 1, a subway line 1, a subway line, and arrived at the Dominsan Station; and (b) had a part of the injured party’s sexual organ, extending back to the front line of his large angle lines (a person, a woman, 32 years old); and (c) had a part of the injured party.

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

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

1. 112 Application of the Act and subordinate statutes governing the 112 Reporting Table;

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 is due to - Unfavorable circumstances: The fact that the nature of the crime is inferior in light of the background and contents of the crime, the circumstances after the crime, etc.; the fact that the injured person was unable to receive a written application from the injured person; - favorable circumstances are contrary to the mistake, and in a case where the conviction of the accused against the sex offense subject to registration and submission of personal information becomes final and conclusive as to the facts of the crime subject to registration, which is a sex offense subject to registration, as provided by Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information

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, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and side effect of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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