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(영문) 인천지방법원 부천지원 2015.01.21 2014고단3101
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 1, 2014, around 07:39, the Defendant 1026 electric trains of subway No. 1, the subway No. 1026 electric speed 10,000 from the Seocheon-si Station located in Seocheon-si: (a) boarded the victim D (n, 30 years of age); (b) pushed the victim about 14 minutes until the electric rolling stock arrives in the Gu road at around 07:53 on the same day; and (c) committed an indecent act against the victim in a place where the public is concentrated, such as means of public transportation, by taking into account the remaining fingers of the victim’s left am and right am.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 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 of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

In full view of the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the defendant's disadvantage and expected side effects, the preventive effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victim, etc., the defendant shall be deemed to have any special circumstance that shall not disclose and notify personal information pursuant to the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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