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(영문) 서울서부지방법원 2016.03.18 2015고단2048
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 15, 2015, the Defendant committed an indecent act against the victim in a way that the victim’s sexual organ was tamped in a manner that the victim’s body was pushed in the victim’s body, after the victim C (V, 28 years of age) in the Shee Intersection located in Seodaemun-gu Seoul, Seoul, and that was moved to a knife knife in a knife knife knife in a knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. According to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the sentence shall be determined as ordered in consideration of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the following circumstances: the Defendant’s age, sex, environment, and circumstances after the commission of the crime.

1. The fact that he/she has not received a letter from the person who suffered any unfavorable condition, the degree of his/her prosecution, etc.;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, such as the recognition of a favorable crime and reflects on the crime, and the absence of the record of criminal punishment, etc., of the crime subject to registration, 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 the defendant is obligated to submit personal information to a related agency pursuant to

When considering the Defendant’s age, occupation, risk of recidivism, motive, 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 of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is comprehensively considered.

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