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(영문) 인천지방법원 2018.02.08 2017고단8787

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2017, the Defendant committed an indecent act on the part of the Defendant in the front-time vehicle of the subway line No. 1, which was operating from the Newdo Forest Station around 19:00 to the lower-speed route of the subway line No. 27 years of age, by continuously sticking the Defendant’s sexual organ to the Defendant’s sexual organ in the front-time vehicle of public means of transportation, such as continuously sticking the Defendant’s sexual organ to the Defendant’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant need to strictly punish the Defendant in light of the fact that he/she committed the instant crime even though he/she had been punished twice prior to the punishment of sexual assault, and that he/she did not reach an agreement with the victim.

However, considering the favorable circumstances where the defendant reflects his/her mistake, it is determined as ordered by considering all factors of sentencing as shown in the argument of this case, such as the defendant's age, sex behavior, environment, motive, means, consequence, and circumstance after the crime.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission 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 is obligated to submit personal information to the competent agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, prevention of sex crimes subject to registration, and effects of protecting the victim, etc. shall be comprehensively considered.