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(영문) 의정부지방법원 고양지원 2017.08.24 2017고단1659
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

On May 8, 2017, around 08:20, the Defendant: (a) discovered the victim C (26 tax and female) who was on the passage in the train that was operating in the red-in area in the digital media market located in the subway line around the subway border around the Seoul Mapo-gu, Seoul, and (b) accessed the victim, thereby committing an indecent act against the victim for about five (5) minutes in a way that the mack of the victim’s sexual organ is large.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant is subject to registration of personal information and to submit personal information on the criminal facts stated in the judgment that constitute a sex offense subject to registration, taking into account all of the sentencing factors indicated in the record, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, where the conviction of the defendant becomes final and conclusive, the defendant is obligated to submit personal information to the competent authority pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, inasmuch as he/she is subject to registration of personal information under Article 43 of the same Act, and is obligated to submit personal information pursuant to Article 43 of the same Act.

The defendant's age, 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 of a sexual crime subject to registration which may be achieved due to such order, and the protection of the victim.

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