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(영문) 수원지방법원 안양지원 2017.09.22 2017고단1188
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 14, 2017, at around 19:09, the Defendant was able to commit an indecent act against the victim by reporting the victim D (the name, the name, the age of 19) to the seat next to the Seoul Southern bus, and causing the victim to be able to do so promptly and using the victim's right-hand bucks as left hand.

Accordingly, the Defendant committed indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes to the records of the case-related photographs (victim photographs and internal photographs of buses);

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. Although the sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the nature of the crime in light of the background and content of the crime, it is not against the defendant's wrong, the primary crime is that the victim does not want punishment against the defendant, and various sentencing conditions, such as the defendant's age, sex, occupation, family relation, etc. Where a conviction against the defendant is finalized with respect to the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

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

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