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(영문) 의정부지방법원 고양지원 2016.10.07 2016고단2312
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 19, 2016, the Defendant passed the C Middle School in Goyang-gu B, Goyangyang-gu, Goyangyang-gu, 19:40 on July 19, 2016, and the victim E (the age of 24) who was seated in front of the Defendant became one time of the victim's left side by breaking the gap in which the victim E (the age of 24) was divingd.

As a result, the Defendant committed an indecent act on the victim in public transportation, public performance and assembly places, and other densely-populated places.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photograph CCTV image data upon closure;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. In a case where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, in consideration of the defendant's age, occupation, character and conduct, family relationship, motive, means and consequence of the crime, and all of the factors indicated in the records, such as the defendant's age, character and conduct, family relation, motive, means and consequence before and after the crime.

In light of the Defendant’s age, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., there are circumstances in which the personal information may not be disclosed or notified.

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