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(영문) 인천지방법원 부천지원 2015.10.14 2015고단2134
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

[Criminal Power] On July 30, 2015, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution on August 7, 2015 by violating the Punishment of Violences, etc. Act (collectively, deadly, etc.).

【Criminal Facts】

On May 30, 2015, at around 21:14, the Defendant asked the victim C (one person, half, 39 years old) who was seated adjacent to the Defendant’s right side of the subway No. 2, a subway No. 265, a subway No. 265, the Songpa-gu Seoul Olympic Games, asked the Defendant of contact information, and the victim was refused to report other places.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. The defendant's legal statement (on the second date);

1. Statement made by the police in relation to C;

1. Previous records of judgment: References to criminal records, investigation reports (related to the short and long reference records), and application of Acts and subordinate statutes recorded in judgment;

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the relevant criminal facts and the Act on the Punishment, etc. of Sexual Crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act that the defendant did not reach an agreement with the victim is an unfavorable circumstance.

However, there is no record that the defendant has been punished for the same crime, the defendant has led to confession of the crime of this case and shows his misunderstanding, and the crime of this case should be considered at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of this case and the crime of this case.

Judgment which is a sex offense subject to the registration of personal information.

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