logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.11.27 2017고단2446
공연음란등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 5, 2017, at the bus stops located in Seocheon-si B around 01:50, the Defendant committed an obscene act publicly against many and unspecified persons by going through a route with his sexual organ d (n, 17 years old) and going through panty and panty while going through a bus stops located in Seocheon-si B.

2. The Defendant, at the time, at the place specified in the foregoing paragraph 1, committed an indecent act by force, committed an indecent act against the victim D (at the age of 17), and committed an indecent act by force against the victim, with his sexual organ followed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Notification of the department related to the report of 112 case, and the application of the statutes governing the report of 112 case handling;

1. Relevant legal provisions concerning facts constituting an offense, Article 245 of the Criminal Act (the point of obscenity in a public performance), Article 298 of the Criminal Act (the point of forced indecent act), and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by comprehensively taking into account the following conditions of sentencing as well as the age, occupation, sex, family relationship of the defendant, and circumstances before and after the crime.

- The Defendant is very bad to commit an act of obscenity and forced indecent act to meet his sexual desire.

- The age victim gets a big sexual humiliation, aversion, and insult, and tried to strong punishment against the defendant.

- However, there is no record of punishment prior to the instant case.

- The attitude of recognizing and reflecting his mistake is shown.

The judgment of conviction on the crime of forced indecent conduct in the judgment, which is a sex offense subject to the registration of personal information, becomes final and conclusive.

arrow