beta
(영문) 인천지방법원 2015.10.12 2015고단3080

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On January 27, 2015, around 05:30 on January 27, 2015, the Defendant: (a) reported that the victim E (the age of 21) was locked in front of the female inland water surface room in the “Duping soup Doesa” located on the 1st floor of Seo-gu Incheon, Seo-gu Incheon, Seo-gu, Incheon; and (b) took care of the victim’s right chest, thereby committing indecent

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to victims 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 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. The punishment of fine like the order shall be imposed in consideration of the following facts: (a) although the nature of the crime does not seem to be such that the defendant satisfe the chest of the victim at a soup place, which is a public gathering place, the criminal defendant recognizes the crime and reflects the defendant; and (b) the defendant has no same power and has two times the past