(영문) 인천지방법원 2015.11.05 2015고단5024

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(영문) 인천지방법원 2015.11.05 2015고단5024

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 1, 2015, at around 19:15, the Defendant committed an indecent act against the victim in a place where the general public is concentrated, such as the victim D (at the age of 26) by sticking the Defendant’s sexual organ to the victim’s her butt. by sticking the victim’s her butt.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (in cases where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period converted 10,000 won into one day);

1. The reason for sentencing under Article 59(1) of the Criminal Code for sentencing under Article 59(1) of the suspended sentence seems to have considerable mental impulse and sexual impulses of the victim. However, considering the fact that the defendant does not want the punishment of the defendant by agreement with the victim, that the defendant does not have any criminal record, that the defendant is the first offender with no criminal record, that the defendant is led to confession, reflects against himself, and that the defendant does not prevent re-offending, and that he does not lead a healthy life without being able to lead a sound life, the defendant must be sentenced to the punishment in light of various matters stipulated in Article 51 of the Criminal Code, which are conditions for sentencing such as the defendant's age, character

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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 is obligated to submit personal information to the competent agency pursuant to

except the defendant's age, occupation,

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제11조

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

유사 판례

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