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(영문) 인천지방법원 2015.07.01 2015고단1902

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On December 21, 2014, around 09:10 on December 21, 2014, the Defendant committed an indecent act against the victim by taking advantage of the victim E (the age of 44) who was locked at the D Spuck or other 1st underground floor of the Gu C underground during the 09:10 on December 21, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive on the judgment that is a sexual crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 a related agency in accordance with

However, considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, degree and expected side effects of the defendant's disadvantage due to disclosure notification order, prevention and effect of sexual crime subject to registration that can be achieved therefrom, protection effect of victims, etc., no order to disclose or notify personal information is issued to the defendant pursuant to the proviso of Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The sentence of a fine like the order shall be imposed on a defendant, considering the following factors: the type of the crime of this case for sentencing, the defendant's recognition of and reflects on the crime, and the fact that the defendant has no record of sex offense