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(영문) 인천지방법원 부천지원 2017.10.25 2017고단1985

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On May 31, 2017, at around 08:25, the Defendant committed an indecent act by means of raining the part of the victim’s mack with the Defendant’s sexual flag part, by booming the boom booming after the victim D (V, 33 years of age) who was boomed in the boom of the subway No. 2 in Dongjak-gu Seoul Metropolitan Government.

Accordingly, the defendant committed an indecent act against the victim in a concentrated means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of D and E;

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”) recognizes all of the Defendant’s errors and seriously reflects it.

The agreement was reached between the victim and the victim.

However, the Defendant committed the instant crime even though he had been punished by a fine for the same crime on April 2010.

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.

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 enters the military court due to the age, occupation, risk of recidivism, type of crime of this case, motive, process, disclosure order or notification order of the defendant exempted from disclosure order or notification order.