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(영문) 인천지방법원 부천지원 2014.10.15 2014고단2023
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2014, at around 07:42, the Defendant: (a) taken a train in the inlet-dong in the Hancheon-si, Seocheon-si, Seocheon-si, Seoul Special Metropolitan City, for approximately 13 minutes following the victim B (n, 36 years old); (b) pushed the Defendant’s sexual organ into the victim’s macker’s macker with the victim’s macker; and (c) committed indecent act on the part of the victim’s macker and macker in the subway, which is the place where the victim’s macker’s macks and macks are located.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant Article 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 of Sexual Crimes;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. In light of the fact that the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, even though the Defendant had been sentenced to a fine of KRW 3 million for the same crime on May 29, 2013, the Defendant needs to be strictly punished in light of the fact that he/she again committed the instant crime.

However, the punishment shall be determined as ordered in consideration of the following factors: the defendant's confession of a crime and reflects the fact that there is no record of punishment exceeding the fine; the defendant's age, character and conduct, family environment; the motive and method of the crime; and the circumstances after the crime.

Where a conviction becomes final and conclusive against a defendant on the criminal facts in the judgment that are subject to the registration of personal information, the defendant 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 is obligated to submit personal information to the relevant agency

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, results, and seriousness of crime, order of disclosure, or order of disclosure.

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