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(영문) 서울중앙지방법원 2017.02.08 2016고단8491
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 10, 2016, around 11:00, the Defendant 4th floor C Saw or water surface room underground in Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul, and the Defendant her fingered down on the side of the victim D ( South, 45 years old) with his/her chest and arms added up with his/her finger and her finger.

In this respect, the Defendant committed indecent act on the victim at a public use place.

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 Selection of Fines 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shows the attitude of the Defendant to recognize and reflect in depth the Defendant’s mistake from the beginning, and the primary offender who has not been convicted so far shall be considered under favorable circumstances; however, the degree of conduct is somewhat less.

Considering the unfavorable circumstances, the sentencing conditions specified in the arguments, such as the method and mode of the crime, the age, sex, home environment, health conditions, and the circumstances before and after the crime, shall be determined in the same manner as the order.

When a conviction on a crime in the judgment that is 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 the competent agency pursuant to Article 43

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree and expected 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 can be achieved due to it, and the protection effect of the victim.

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