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(영문) 인천지방법원 2016.02.24 2015고단8309

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of two 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 October 7, 2015, at around 19:30, the Defendant committed an indecent act against the victim on the electric car of the subway station 1 line D located in Guro-gu Seoul Metropolitan Government, following the victim E (n, 23 years of age), and the Defendant’s sexual whistles and knbs, etc., were attached even after the victim E (n, 23 years of age), until the victim’s sexual whistles and knbs, etc. arrive in the reverse valley by the method that the her sexual whistles and knbs, etc. arrive in the reverse valley.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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 of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of 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 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 shall be issued to the defendant.

Reasons for sentencing

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

2. The Defendant’s indecent act on the victim in the pre-crow metal over which people are concentrated is not easy, but considering that the Defendant’s primary crime without any power is recognized, reflects the crime, and makes efforts to prevent recidivism.