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(영문) 수원지방법원 안양지원 2017.09.08 2017고단837
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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

On March 14, 2017, the Defendant was on board the same dynamic dynamics from the subway line 1, which was operated in the direction of the Gu to the station of the Gu, from the subway line 1 on March 14, 2017, and the victim D (V, 21 years old)’s her body was unfolded, and the victim’s her her her her her her her her her her her her her her her m

Accordingly, the Defendant committed indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the report of investigation;

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, and the circumstances before and after the crime, etc., the criminal defendant’s mistake is against the defendant, and there are no other criminal records such as sex crimes, other than the one-time fine, and multiple sentencing conditions such as the defendant’s age, sex behavior, occupation, family relationship, etc. are taken into account equally. Where the 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 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 a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the punishment of a sexual crime shall be taken into comprehensive consideration.

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