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(영문) 인천지방법원 부천지원 2019.05.22 2018고단3391

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

On October 22, 2018, at around 18:40, the Defendant: (a) used the gap in the passenger training train room in the echeon Docheon-ro train that operates the echeon Station in the valley of the Seoul subway line 1, Seoul subway line; (b) pushed back the left hand, etc. after the victim B, and was tightly 5 minutes of the loss of the victim.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. The written statement made by the police against B;

1. Application of the Act and subordinate statutes to one copy of a video CD recorded for a crime;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the education effects and the effects of recidivism prevention through order to complete program in light of the nationality of the accused and the ability of the Korean history, etc. is difficult to expect, and there

1. In full view of various circumstances, including the Defendant’s age, social relationship, risk of re-offending, benefits and preventive effects expected due to an order to disclose or notify the Defendant’s registered information, disadvantages and side effects of the Defendant, and the fact that the Defendant’s residence cannot be known, the disclosure or notification of the Defendant’s personal information may not be allowed, in light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are subject to employment restrictions;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an unspecified number of women in the means of public transportation.