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(영문) 인천지방법원 2017.02.09 2016고단5649

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 23, 2016, around 11:20 on May 23, 2016, the Defendant got out in the Drupbry water room located in Seo-gu Incheon Metropolitan City C and the third floor, and was pushed out after the victim E, etc., the Defendant got out of the left chest of the victim.

In such a way, the Defendant committed soup indecent act on the victim in a soup room, which is a public concentrated place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement made by the police for E;

1. E statements;

1. CCTV video CDs [the Defendant denied the crime, but according to the aforementioned evidence, E, according to the police investigation stage, made a relatively concrete and consistent statement as to the circumstances in which the crime was committed from the police investigation stage to the present court, and the CCTV images taken at the time of the instant crime do not conflict with the CCTV images taken, and made a false statement differently.

There is no circumstance to consider.

Therefore, the criminal facts of the judgment are found guilty because they are sufficiently reliable in their legal statements, police statements, and written statements.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. In light of the favorable circumstances that there is no record of the same punishment against the defendant for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, there is no appearance of reflectivity from the defendant, and the defendant does not recover from damage. The defendant not only was in the period of suspension of execution at the time of the crime of this case but also was investigated as a crime of injury, the fact that the crime of this case was committed in spite of the fact that the defendant not only was committed during the period of suspension of execution at the time of the crime of this case but also was committed as a crime of injury, etc., the fact that the defendant committed the crime of this case is committed shall

On the criminal facts of the judgment that are sex offenses subject to registration, such as registering and submitting personal information.