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(영문) 서울중앙지방법원 2017.07.13 2017고단993
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

피고인은 2017. 1. 19. 18:20 경 서울 서초구 신반포로 188에 있는 지하철 9호 선 고속 터미널 역 방면에서 노량진 역 방면으로 운행하는 전동차 안에서 피해자 D( 여, 22세) 의 등 뒤에 바짝 붙어 서서 피고인의 성기 부위를 피해 자의 엉덩이에 가져 다 댄 후 비벼댔다.

As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the Criminal Procedure Act include: (a) the Defendant recognized the facts charged and reflects the facts charged; (b) there is no record of punishment so far; (c) the nature of the crime of indecent act in this case is not good and the victim seems to have suffered severe mental pain; and (d) the Defendant’s age, sexual conduct, environment, motive and consequence of the crime; and (c) all of the sentencing conditions indicated in the arguments and records, including the circumstances after the crime, etc., shall be comprehensively determined

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 defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order of personal information, and sexual crime subject to registration which can be achieved due to such order.

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