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(영문) 춘천지방법원 원주지원 2017.05.24 2017고단243
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 7, 2016, the Defendant, at around 05:30 on October 7, 2016, accumulated in the side of the victim D (28 taxes) who was divingd in the male water surface room of the C3rd floor in the Won-si, Seoul, the Defendant committed an indecent act against the victim at a place where the victim was suffering, making soup by inserting his fingers into the victim’s sexual organ, and brying the victim’s sexual organ around the victim’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (CCTV and on-site photographs);

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 under Article 334(1) of the Criminal Procedure Act is that the defendant is the first offender, considering favorable circumstances. In addition, the degree and method of the indecent act in this case, the age of the defendant, sexual conduct, family environment, and circumstances before and after the crime is determined by comprehensively taking into account the following factors: the degree and method of the indecent act in this case; the defendant’s age; the defendant’s age

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

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children against Sexual Abuse.

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