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(영문) 의정부지방법원 2014.01.13 2013고단4000
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 29, 2013, at around 17:50 on October 29, 2013, the Defendant: (a) considered a seat in an express bus traveling along the Gyeongdo Highway located in the Sinsan-si, the Defendant: (b) considered the gap in which the victim B (Vs, 20 years old) seated in the next seat is locked; (c) brought about the victim’s right side on the chest with the left part.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Articles 70 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant has recently been punished for a sex offense, the fact that the defendant did not agree with the victim is disadvantageous, and the fact that the defendant is against the defendant's awareness of the crime shall be considered under favorable circumstances. The method and result of the crime in this case, comprehensively taking into account all the conditions for sentencing, including the circumstances after the crime, the age, character and conduct of the defendant, and family environment, shall be determined.

Inasmuch as a judgment of conviction was rendered against a defendant who has registered personal information as a result of a crime, if this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 relevant agency

The age, occupation, risk of recidivism, motive, progress 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 prevention and effect of sexual crimes subject to registration which can be achieved due to it, and the protection effect of the victim.

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