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(영문) 인천지방법원 2016.04.07 2016고단482

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On November 12, 2015, around 08:40 on November 12, 2015, the Defendant reported the victim D (the age of 30) who was seated on the right side of the Defendant in a C-area bus operating a quarter between the outer expressway of Seoul and the direction side of the Defendant, and only twice the victim’s right chest was able to take a bath and left hand.

The Defendant committed an indecent act against the victim in a bus which is a mass means of transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (based on the verification of CCTV images inside buses);

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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act was not recovered under unfavorable circumstances, the fact that the defendant recognized a crime and reflects the defendant, and that the defendant was an initial offender who has no record of punishment, etc., shall be considered as favorable circumstances, and other matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's health status (Grade 3), age, sexual behavior, environment, etc., as shown in the records and arguments of this case, shall be determined as ordered by taking into account the various matters as stipulated in Article 51 of the Criminal Act.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and obligation to submit personal information, 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 the competent agency pursuant to Article 43 of

However, due to 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, and the registration that can be achieved by such order.