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(영문) 인천지방법원 부천지원 2017.12.20 2017고단2571

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 24, 2017, at around 19:15, the Defendant committed an indecent act on the victim within the electric car, which is a means of public transportation between approximately eight minutes, until the victim arrives in the E basin, using a congested gap in the D D immediately preceding parallel car starting from the subway station C, Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of documentary evidence, images, and closure photographs);

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shows the attitude of the Defendant to recognize and reflect all his errors from the beginning.

The defendant is very bad to commit a crime that has given birth to women who are not aware of to meet only his/her own needs.

The victim feel a considerable insult, sense of shame, and aversion.

In 2004, even though there was a record of being sentenced to a fine of one million won for the same crime, the same crime has been committed again.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant becomes 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 head of the competent police office pursuant to Article

The age, occupation, risk of recidivism, and type, motive, and motive of the crime of this case, of the defendant exempted from disclosure or notification order.