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(영문) 인천지방법원 2014.12.24 2014고단7895

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 12, 2014, at around 07:45, the Defendant boarded a train of 6-4 guest cars in the Eastcheon-gu, Incheon-gu, the Defendant discovered the victim B (the age of 18) and attempted to commit an indecent act against the female when the train is in operation between the summer-gu stations.

On the right side of the victim, the Defendant was suckbucks and bucks of the victim with left hand, and the victim was her her kick with his hand after the victim et al.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of photographic Acts and subordinate statutes after closure;

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 sexual crime subject to registration becomes final and conclusive in regard to the criminal facts subject to registration as stated in 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse