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(영문) 인천지방법원 부천지원 2015.06.10 2015고단797
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 February 16, 2015, around 19:20, the Defendant committed an indecent act against the victim in a manner such as rain, etc., after the victim D(31 years of age, women) in a dong-do-ro emergency train that operates a new forest station located in 117-21 at the new end of Guro-gu Seoul Metropolitan Government.

Accordingly, the defendant committed an indecent act against the victim in a subway which is a concentrated means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes written in D;

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, there is no record that the defendant was punished for the same crime except for the previous offense of this kind; the defendant led to the confession of the crime of this case and the misunderstanding of his mistake; the defendant does not intentionally have committed the crime of this case by approaching the victim; the defendant appears to have committed a crime contingently in an opportunity that physical contact has occurred in many subways; and the situation of Article 51 of the Criminal Act shall be determined as ordered by taking into account all the circumstances.

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 age, occupation, risk of recidivism, and type of the crime in this case, of the defendant exempted from disclosure or notification order;

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