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(영문) 인천지방법원 부천지원 2018.08.22 2018고단1760
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 1, 2018, the Defendant used the gap between the victim B (V, 21 years of age) and the victim’s sexual part in a mountain ebbbbbb, which is located in the ebb, Seocheon-si Station 1, Seocheon-si, Seocheon-si, Seoul, and operated the station section to the 1st line located in the center of Guro-gu, Guro-gu, Seoul, in a mountain ebb, which is located in the center of the 174-ro, Guro-gu. In addition, the Defendant used the gap between the victim B (V, 21 years of age) and the victim’s sexual part.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of B’s written laws and regulations;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize and reflects all the mistakes.

There is no criminal history prior to the instant case.

However, due to the Defendant’s crime, the victim was frightened and humiliated, and was physically shocked.

The injured party failed to receive a letter from the injured party, and the injured party wants to punish the accused.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant becomes 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 head of the competent police office pursuant to Article

The age, occupation, risk of recidivism, and type, motive, and motive of the crime of this case, of the defendant exempted from disclosure or notification order.

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