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(영문) 수원지방법원 안양지원 2015.10.30 2015고단1026
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On March 26, 2015, around 07:57, the Defendant: (a) around 468-4, at the time when the 10th passenger train was stopped by the Seodong Man Man Gan 1 Line 422, the Defendant committed an indecent act against the victim at a public smuggling place, by putting the victim’s body down even after the victim’s body was pushed back to the entrance, while the victim C (n, 32 years of age) who was a passenger in the 10th passenger vehicle, her body was pushed down, her body was pushed down, and her left hand her body was pushed back to the left chest of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes concerning the photograph of a video closure;

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines (the first crime and the depth of a fine is reflected, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

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

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order and seems to have caused mental distress to the victim. Besides of the instant case, the amount of fine shall be determined by taking into account the following favorable circumstances: (a) the victim was committed or attempted to commit any other crime; (b) the victim was committed in a manner contrary to the victim’s unfavorable condition; (c) the victim’s effort to recover damage; and (d) the victim was used by the victim; and (e) the first offender was committed. In the event the conviction of the Defendant who registered his personal information becomes final and conclusive, 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 (b) the Defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the said Act.

However, it is true that there is no record of the same crime, and that there is no recidivism, and that the registration of personal information alone is a certain degree of recidivism.

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