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(영문) 인천지방법원 2015.06.17 2015고단598

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 17, 2014, around 03:25, the Defendant committed an indecent act against the victim at a public densely-populated place by gathering knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

On April 10, 2015, the prosecutor submitted an application for changes to the name of the instant crime to “violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place)” in the “Indecent Act by indecent act”, and submitted an application for changes to the applicable provisions of Article 298 of the Criminal Act to “Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes”

Therefore, the evidence shall be examined to find facts as above, and it shall be corrected ex officio without changing the indictment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 confinement in a workhouse (where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day);

1. The sentence to be suspended under Article 59(1) of the Criminal Act: The reason for the suspended sentence of a fine not exceeding five million won is that the attitude of the crime is not excessive.

The defendant recognized a crime from the site of the case, and is in depth against it.

The defendant is the first offender.

Defendant was 23 years of age, was undergraduate at the time of committing the crime, and was currently employed.

The defendant's social ties, such as family, are also clear.

In the future, the defendant has not been able to prevent recidivism and have a healthy life.

In addition to the above circumstances, the conditions of sentencing prescribed in Article 51 of the Criminal Act, namely, the age, character and conduct, intelligence and environment of the offender, relationship with the victim, motive, means and consequence of the crime.