beta
(영문) 인천지방법원 2016.05.26 2015고단8040

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 6, 2015, around 05:30 on October 6, 2015, the Defendant: (a) reported that the victim (32 tax) was locked in the office of ‘D private waters' located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon; and (b) made it possible for the Defendant to commit an indecent act against the victim by taking advantage of the victim's her turb, etc. after the victim's loss.

Summary of Evidence

1. Legal statement of the victim;

1. Statement made by the police against the victim;

1. Investigation report [The Defendant denies the crime, but according to the aforementioned evidence, the victim made a concrete and consistent statement concerning the form of crime and the circumstances in which the crime was committed from the police investigation stage to the court, and the contents of such statement are not inconsistent with the contents of investigation report and made a false statement differently.

There is no circumstance to consider.

Therefore, the facts constituting the crime in the judgment are found guilty because the court's statement and the police's statement are sufficiently reliable.

Application of Statutes

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant has withdrawn the complaint by mutual consent with the victim, that the defendant has no record of having the same criminal punishment or imprisonment without prison labor or more severe punishment, and other matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sex, environment, etc., as shown in the records and arguments of this case, shall be determined as per the order.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering and submitting personal information, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.