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(영문) 인천지방법원 부천지원 2015.07.01 2015고단796
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 March 3, 2015, at around 08:01, the Defendant committed an indecent act against the victim by sticking the sexually part of the victim C(33 years old, female, etc.) into his/her macker train operating the salt 631 at the airport of Gangseo-gu Seoul Metropolitan Government.

Accordingly, the defendant committed an indecent act against the victim in a subway which is a concentrated means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of the Acts and subordinate statutes indicating the criminal place

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the relevant criminal facts and the Act on the Punishment, etc. of Sexual 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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a very unfavorable circumstance for the defendant, such as the fact that the defendant was committed in the subway platform by checking the target of the crime and committed an indecent act on board according to the target of the crime. The defendant was subject to juvenile protective disposition on September 2013 due to the same crime, and the Daejeon District Court was sentenced to imprisonment with prison labor for not more than six months and two years of suspended sentence on November 12, 2014, and the crime of this case was committed during the suspended sentence.

However, it appears that the defendant led to the confession of the crime of this case and divided his mistake into the hospital. The defendant found the hospital along with his mother on the day of the crime of this case and received a psychological examination and continued mental treatment at the hospital after he received the psychological examination. According to the result of the sentencing investigation through the court investigator, according to the sentencing investigation through the court investigator, the victim does not want the punishment of the defendant, the victim does not want the punishment of the defendant, the age of the defendant, the degree of indecent act of this case, and other circumstances under Article 51 of the Criminal Act are considered as a whole.

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