(영문) 인천지방법원 부천지원 2016.01.20 2015고단3140



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

If the defendant does not pay the above fine, KRW 100,000.


Punishment of the crime

On August 29, 2015, at around 18:53, the Defendant tried to commit an indecent act against the victim D (at the age of 21) who walked in the “C” road located in Seocheon-gu, Seocheon-gu, Seocheon-si B, and tried to look back the victim’s chest by exposing his hand, but the Defendant did not commit an attempted act by having the Defendant’s finger by his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 300 of the Criminal Act and Articles 298 of the Criminal Act and the choice 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. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) does not reach an agreement with the victim is unfavorable.

However, in light of the fact that the defendant led to the crime of this case, he appears to have led to contingent crimes, and that he did not have any criminal records any longer than the previous violent crimes, and the age of the defendant and other circumstances of Article 51 of the Criminal Act, the punishment as set forth in the Disposition shall be determined.

When a conviction on the crime of forced indecent conduct in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, 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 the head of the competent police office pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, prevention of sex crimes subject to registration, and effects of protecting the victim, etc. shall be comprehensively considered.