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(영문) 서울동부지방법원 2017.12.14 2017고단3436
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 July 17, 2017, the Defendant was close to the victim B (V, 22 years old), etc., who was located in the creb in the creb of the Donsan Station located in the Donsan Station located in the Donsan Station located in the Donsan Station in Dobong-gu, Dobong-gu, Seoul, 363, the Donsan Station of Dobong-do on July 17, 2017, and was closely adhered to the victim's creb and boom part, and was closely adhered to the rub of the victim.

In such a way, the Defendant committed an indecent act against the victim on the electric car that is a means of public transportation for about five minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. Letters of arrest;

1. Application of criminal video CD-related Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment (in consideration of the fact that the defendant has no same record as the defendant and has no record of exceeding the fine);

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. Where a conviction on the instant criminal facts is finalized against a defendant who is obligated to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 thus, the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (the defendant is likely to repeat a sexual crime in general against him/her)

The fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are likely to result in the prevention of recidivism to a certain extent, and the age, family relationship, the background and process of the instant crime, and the instant case.

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