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(영문) 인천지방법원 부천지원 2015.08.19 2015고단1500
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

On March 30, 2015, from around 08:04 to 08:11, the Defendant committed an indecent act against the victim on the front line of the vehicle in the means of public transportation, such as the victim C (V, 33 years old) who was in the difference of densely concentrated passengers in the electric train of the dong Mancheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon to the Guro basin.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement in the statement [the defendant and his defense counsel's body was closely adhered to the victim's body at the time, or it is alleged that the victim's body was not infinite, so the victim's statement about the fear at the time of an indecent act, the circumstances leading up to conviction as an indecent act, the circumstances leading up to specifying the defendant's specific act, etc. are very concrete and its credibility can be recognized. According to the above statement, the defendant's act of indecent act can be sufficiently recognized, and the above argument by the defendant and his defense counsel is without merit] is applied to the law.

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. 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, considering the fact that the degree of the indecent act in this case is difficult to consider as serious, the fact that contingent crimes are expected to be committed, the defendant has no previous convictions and the circumstances of Article 51 of the Criminal Act, the punishment as ordered shall be determined.

When a conviction on a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration of personal information, becomes final and conclusive, the accused shall be punished for the sexual crime.

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