beta
(영문) 인천지방법원 부천지원 2016.03.09 2015고단1167

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 6, 2015, the Defendant: (a) around 19:12, at the subway No. 1 located in Guro-gu Seoul Metropolitan City, the Defendant was pushed down the victim’s knife with the victim’s knife and knife, etc., which were concentrated in the gap of passengers located in the electric railway line C operated in the direction of Incheon Station; and (b) around 3,4 times the victim’s knife and knife.

The Defendant committed an indecent act against the victim on the electric car that is a means of public transportation until he arrives at the same route station in the same way.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Application of Acts and subordinate statutes in which statements made by the police with D are entered;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the nature of the crime in this case, the circumstances after the crime are not good, the defendant has been punished for the same crime in the past, the defendant is in an unfaithful manner in the procedure of this case, and the degree of the indecent act in this case, etc., shall be determined as ordered by taking full account of the circumstances under Article 51 of the Criminal Act.

When a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 4

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree and expected side effects of the defendant's disadvantage due to such order, prevention of sex crimes subject to registration and effects of protecting the victims, etc. shall be comprehensively taken into account.