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(영문) 의정부지방법원 고양지원 2018.01.11 2017고단3418
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 21, 2017, between 08:0 and 08:15, the Defendant, within the center of the center line of the border, was able to take up his head on the side of the victim C (V, 20 years old), and expected several times to the shoulder of the damaged party. On the left hand hand hand hand, the victim’s right buckbucks were only once made up of 08:0 to 08:15 to commit an indecent act against the victim within the public transport overpopulated by the general public.

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s background leading to the instant indecent act; (b) the degree of conduct by which the Defendant was committed; (c) the victim was unlikely to feel sexual humiliation; (d) the Defendant’s recognition of the crime and reflects his mistake; (d) the Defendant’s age, occupation, sex behavior, family relationship, and circumstances before and after the crime; and (e) the punishment is determined by taking into account all the factors of sentencing indicated in the record, such as the Defendant’s age, occupation, sex behavior, family relationship, and circumstances before and after the crime.

Where a conviction of a defendant against a criminal fact stated 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, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order, and sexual crime subject to registration which may be achieved due to such order.

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