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(영문) 인천지방법원 부천지원 2015.07.29 2015고단1501
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

On April 1, 2015, at around 21:23, the Defendant committed an indecent act against the victim on the front-time vehicle of the means of public transportation by using the victim B (the age of 63) who was seated on his/her side in the 7-4 candle knife drive train in Yongsan-do, Yongsan-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made by the police officer in B;

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 of the provisional payment order is that the defendant did not reach an agreement with the victim, and that the victim was harshly punished against the defendant.

However, in consideration of the fact that the defendant led to the crime of this case and repented his mistake, the crime of this case seems to have been committed contingently, the defendant has no record of punishment for the same kind of crime besides the fine prior to the crime of this case, the situation of Article 51 of the Criminal Act and the opinion of the prosecutor about the punishment of the punishment of this case, together with the opinion of the prosecutor, the punishment shall be determined

If a conviction on a crime committed in violation of 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 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 the head of a competent police

The exemption from disclosure or notification order is due to the age, occupation, risk of recidivism, type of crime of this case, motive, process, disclosure order or notification order of the defendant.

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