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(영문) 인천지방법원 2016.09.22 2016고단3622

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 18, 2015, around 22:50 on November 18, 2015, the Defendant was passing through the D tunnel root in Bupyeong-gu Incheon Metropolitan City.

In the E bus, the victim F (the age of 41) who was seated on the right side of the entrance immediately following the front door of the bus was able to commit an indecent act; the victim F (the age of 41) was able to sit on the back of the victim; and the victim, etc. was exposed to the right side and right chest.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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 refers to the defendant's attitude to recognize and reflect his/her crime when he/she comes to this Court, and the fact that the defendant has no record of criminal punishment of the same kind or imprisonment without labor or more severe punishment, etc. are favorable circumstances, such as the failure to recover damage should be considered disadvantageously, and the defendant's age, sex, environment, etc. as shown in the records and arguments of this case should be considered in light of the circumstances, and the punishment as set forth in Article 51 of the Criminal Act shall be determined as ordered.

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.

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.