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(영문) 수원지방법원 2016.04.07 2015고단5992
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

1. On October 20, 2015, the Defendant committed an indecent act, such as committing an indecent act on the C Bus that passed through the road in the front of the Seoul Ireland-dong, Over a 07:50 on October 20, 2015, on the part of the victim D (the age of 27) seated next seated by the victim D (the age of 27).

2. On October 21, 2015, the Defendant committed an indecent act, such as committing an indecent act on the C bus, which passed through a king Bluscam road located in the king-si, Susking-si on a king-si, G, and the victim’s bucks seated next seat, by hand.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation twice.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Taking into account the form of, and degree of damage to, an indecent act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, taking into account the following factors: (a) the fact that the Defendant fully recognized the crime and reflects the Defendant’s mistake in depth; (b) there is no record of criminal punishment; and (c) the fact that the Defendant agreed with the victim, etc., the punishment as ordered shall be determined by taking into account the following factors: the Defendant’s age, sexual behavior, environment, circumstances

Where a conviction against a defendant is finalized on each crime in the judgment that is a sex offense subject to registration and submission of personal information, 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 the relevant agency pursuant to Article 43 of the same Act.

The Defendant’s age, occupation, risk of recidivism, and type, motive, and consequence of the instant crime, exempted from disclosure or notification order.

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