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(영문) 인천지방법원 2014.12.24 2014고단8201
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 08:00 on July 7, 2014, the Defendant boarded the train from the subway line of the subway line of the subway line of the Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, 738-21, the Defendant committed an indecent act by making the victim B (the 28 years old) by using many passengers in the subway station while the said electric vehicle passes through a section between the Gu railway station in the railroad station, and by using the gap between the Gu railway station, in order to commit an indecent act against the victim B (the 28 years old) by using smartphones after the victim's hand, and continuously committed an indecent act with the victim's left hand, while the said electric vehicle passes through the new railway station in the Gu railway station, the Defendant committed an indecent act by making the victim's loss to his port by using the above methods.

Accordingly, the defendant committed indecent acts against the victims in the electric car, which is a place of public secrecy.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to B and C

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

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

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. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive in regard to the criminal facts subject to registration as stated in Article 334(1) of the Criminal Procedure Act, 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 a related agency

The age, occupation, risk of recidivism, type of crime of this case, motive, process, seriousness of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and expected side effects of the defendant's entrance due to the disclosure order or notification order.

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