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(영문) 인천지방법원 2016.11.16 2016고단5477

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On July 1, 2016, around 20:43, the Defendant discovered the victim E (the age of 25) who was seated immediately next to the previous car running in the vicinity of the D Station located in Yeonsu-gu Incheon Metropolitan City, and taken the mind to force indecent acts by force. On July 1, 2016, the Defendant met the victim's right chest by the string of the electric car at the D Station, and the string of the electric car arrived at the D Station.

Accordingly, the defendant committed an indecent act against the victim on the electric car that is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to 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. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for the mitigation of mental disorders (see, e.g., the circumstances before and after the commission of a crime, the opinion of the accused, the psychological evaluation report, the F's statement, etc.);

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

However, in light of the specific statement of the victim for sentencing, the responsibility of the crime of this case is not easy.