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(영문) 인천지방법원 2016.09.08 2016고단3941

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

At around 11:50 on April 13, 2016, the Defendant: (a) boarded the seat bus (D) in the Incheon Military Operations Dong and moved to the Seoul direction, and (b) moved to the side of the victim F (30 years old) in the vicinity of the E market, and (c) took the seat “one defect,” and (d) took the victim’s humbbbbbbbbbbbbs and tacks, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order show the attitude of recognizing and opposing the crime when the defendant was committed in this court, the fact that the defendant has no same criminal capacity to punish him, etc. is not recovered from damage under favorable circumstances, and the fact that the crime of this case was committed during the suspension of the execution of the execution of this crime, etc. shall be considered disadvantageous circumstances, and the punishment shall be determined as ordered by the order, taking into account the various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering and submitting personal information, etc., 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

However, the defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering.