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(영문) 인천지방법원 2017.11.29 2017고단6510
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 27, 2017, at around 07:47, the Defendant committed an indecent act once by using the mixed gap between the victim D (19 years of age, women) and the victim’s left knife in the subway 1 line of Incheon Bupyeong-gu, Incheon Bupyeong-gu, Incheon, by putting his knife his knife his knife with the left knife with the left knife (s).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines 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 conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 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 sentenced to an order to disclose personal information registered to a defendant pursuant to the following, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

The nature of the crime of this case, which committed an indecent act against the victim on the grounds of sentencing, is not somewhat weak, and the victim is trying to punish the defendant.

However, there is no record of criminal punishment, the defendant's age, sex behavior, environment, family relationship, and family relationship.

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