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(영문) 인천지방법원 2018.06.27 2017고단8833
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 July 20, 2017, the Defendant discovered the victim C (the 36-year old age) who was in front of the said train in order to get off from the subway station in the subway station B located in the subway station located in the B Station on July 20, 2017. After the said train arrived at the B Station located in D, the Defendant committed an indecent act against the victim who was frightened after the said train arrived at the victim’s seat attached to the said subway station.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of the investigation report (case of confirming CCTV images in the B station), and application of photographic Acts and subordinate statutes by cutting down CCTVs in the B station platform;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify the accused, in full view of the Defendant’s age, occupation, risk of recidivism, the type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused is the result of the order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

It takes into account the degree of indecent act on the reason of sentencing.

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