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(영문) 인천지방법원 부천지원 2017.06.21 2017고단945
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

피고인은 2017. 2. 16. 08:00 경 지하철 1호 선 B 지하철 내에서, 지하철이 C에서 D 구간을 운행 중일 때, 피고인의 왼쪽 대각선에 반대 방향 쪽을 보고 서 있던 피해자 E( 여, 31세) 의 왼쪽 허벅지 뒤쪽 부위를 만지고, 계속하여 피해자의 왼쪽 엉덩이 부위를 1회 툭 치듯이 만졌다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on screen screen images to the crime scene, in a fluor where the fluor is fluort of the victim, and the fluor is fluor;

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. 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

It seems to be a contingent crime.

There is no record of punishment for the same crime or the suspension of execution or heavier punishment.

However, the victims have caused a lot of sexual humiliation, aversion, and displeasure, and have been punished by the defendant.

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 committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 4

The defendant's age, occupation, and exemption from the disclosure order or notification order.

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