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(영문) 인천지방법원 2015.06.17 2014고단7078

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On September 7, 2014, around 01:30 on September 7, 2014, the Defendant discovered the victim D (Woo, 19 years old) who was born in Seo-gu Incheon, Seo-gu, Incheon, and brought about the right to the part of the victim's sound, and committed an indecent act against the victim several times after dancing.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Application of the police statement law to D;

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.

Reasons for sentencing

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. In light of the fact that the attitude of the instant crime was not significant, and that the Defendant had a history of committing a sex offense, but was for 200 years, a sentence equivalent to the upper limit of the fine prescribed by the Act as ordered shall be imposed.