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(영문) 인천지방법원 부천지원 2018.02.07 2017고단3050
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2017. 10. 16. 08:16 경부터 같은 날 08:36 경까지 사이 부천시 원미구 심곡동에 있는 자유시장 정류장에서부터 같은 구 약대동에 있는 손 가면 옥 정류장까지 운행하는 B 버스 안에서 피해자 C( 가명, 여, 17세) 의 뒤에 서서 피해자의 엉덩이에 피고인의 성기를 대고 비벼댔다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to the 112 Report List);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances and the degree of indecent act on the grounds of the sentencing of Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by community service or attending lectures, the sentencing conditions indicated in the records, such as the defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as the sentence as ordered.

- The Defendant has been punished four times for the same or similar crimes (one time of imprisonment with prison labor, two times of suspended execution of imprisonment with prison labor, and one time of fine).

Nevertheless, without the opening of the past, another crime has been committed again. - The degree of conduct is not easy.

Agely, the victim flocked a considerable fear, sexual humiliation, insult, and aversion.

- However, the defendant seems to repent of his mistake.

- The victim made a mutual agreement and agreed.

- After being punished last in 2009, there has been no particular criminal history.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be under jurisdiction in accordance with

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