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(영문) 인천지방법원 2015.11.04 2015고단5255

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On June 11, 2015, around 08:26, the Defendant committed an indecent act against the victim by approaching the victim’s chests within subway 9 lines that the Yeongdeungpo-gu Seoul Metropolitan Government Mansan-ro 6 passed the Mansan Station, adjacent to the subway 9 lines, and adjacent to the victim C (V, 29 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 (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. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration 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 is obligated to submit personal information to a related agency pursuant

In order to exempt a defendant from an order to disclose personal information, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose and notify personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. In light of the fact that the defendant commits an indecent act against the victim in subway, the punishment of fine as ordered shall be imposed in consideration of the following: (a) although the defendant committed an indecent act against the victim in subway, the attitude of the crime is not relatively heavy; (b) the defendant recognizes and reflects the crime; and (c)