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(영문) 수원지방법원 안양지원 2017.10.27 2017고단1395
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 26, 2017, the Defendant, when he was seated in the subway of 4 lines that are in operation near the C Station located in Sinpo-si B around 23:41 on May 26, 2017, was able to use his hand on the right side of the victim D (V, 25 years old).

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. Application of Acts and subordinate statutes on police statements made to D;

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, in light of the background and content of the crime, etc., the criminal sentencing of the provisional payment order is not less than the nature of the crime, the Defendant’s mistake is recognized, and various sentencing conditions, such as the Defendant’s age, sex, occupation, and family relationship, are taken into account. Where a conviction of the Defendant against the criminal facts in the judgment that are subject to registration and submission of personal information, becomes final and conclusive, the Defendant is 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 relevant agencies 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 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full consideration of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that could be achieved therefrom, and the effect of the protection of the victim, etc.

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