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(영문) 인천지방법원 부천지원 2018.11.07 2018고단2242

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

피고인은 2018. 7. 17. 18:44 경 서울 구로구 구로 중앙로 174에 있는 지하철 1호 선 구로 역에서 역 곡 역 방향으로 가는 전동차 안에서, 피해자 B( 여, 21세) 의 오른쪽 등 뒤에 바짝 붙어 서서 자신의 성기를 피해 자의 엉덩이에 밀착하고 비벼댔다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of B’s written laws and regulations;

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 main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act shows both the defendant's mistake and reflects.

There is no record of the same crime.

However, the crime of this case is very bad to regard an unspecified number of women who are not aware of the crime of this case as the object of meeting their sexual desire.

As a result of the Defendant’s criminal act, the victim was frightened and humd with a great sense of shame, and was mentally shocked.

It was impossible to receive a letter from the injured party.

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 defendant's age, occupation, and exemption from the disclosure order or notification order.