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(영문) 인천지방법원 2015.07.16 2015고단2656

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 01:00 on March 28, 2015, the Defendant discovered the victim E (the 18-year old age) who drying out of the fourth floor of the Seo-gu Incheon Metropolitan City C building, and attempted to commit an indecent act against the female, and she saw the frying back to the victim’s chest, she saw the left part of the back part of the victim’s chest, and she saw the son back to the victim’s chest, then she saw the son back to the upper part of the fry soup and put it into the victim’s chest, and she committed an indecent act against the victim in a place densely concentrated by the general public.

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. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period converted 10,000 won into one day);

1. The reason for sentencing under Article 59(1) of the Criminal Code for sentencing under Article 59(1) of the suspended sentence seems to have considerable sexual health and mental impulses of the victim due to the crime in this case. However, the defendant does not have any means to punish the defendant, the defendant does not want the punishment of the defendant by mutual consent with the injured party, the defendant confessions all of the crime in this case and seriously reflects the defendant, the defendant does not stop repeating the crime in this case, and the defendant has been living a healthy life without being able to lead a sound life. In addition, considering the various factors stipulated in Article 51 of the Criminal Code, which are the conditions for sentencing, such as the defendant's age, character and behavior, and environment, the sentence of the defendant shall be suspended because the circumstances before

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant shall be subject to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc