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(영문) 수원지방법원 안양지원 2016.09.21 2016고단789
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 18, 2016, at around 17:40, the Defendant committed an indecent act against the victim in means of public transportation, by making two times the right knee knee knee knee kne kne kne kne kne knes of the victim C who was seated next to the Defendant’s hand, etc., in the B bus in the vicinity of the king Gangdong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of CCTV-related Acts and subordinate statutes;

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. Article 334(1) of the Criminal Procedure Act provides that the sentencing of a juvenile under Article 334(1) is flexible - unfavorable circumstances: In a case where a conviction against the defendant on the criminal facts in the judgment that constitute a sex offense 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 relevant agencies pursuant to Article 43 of the same Act, inasmuch as the defendant is a person subject to registration of personal information under Article 42(1) of the same Act.

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) and Article 50(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, 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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