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(영문) 인천지방법원 부천지원 2017.12.18 2017고단2683
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 27, 2017, around 20:0, the Defendant 16, from the Bupyeong-gu Incheon Bupyeong-gu Square to the new Dom railway station located in 117-21, the Defendant her hand, etc. in the passenger car of the subway 1, which was operating from the subway station located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to the new Dom railway station located in 117-21, Guro-gu, Guro-gu, Seoul, and her elbbbbbbbuck in the passenger car of the passenger B (the age of 16).

Accordingly, the Defendant committed an indecent act against the victim on the electric car that is a concentrated means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of B’s written laws and regulations;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is that the Defendant acknowledges all errors from the beginning and seriously reflects.

There is no criminal history prior to the instant case.

To avoid repeating the crime

There are many things.

The degree of indecent conduct is not much severe.

However, it cannot be deemed that the victim’s insult and sense of shame caused by one’s behavior cannot be light.

A injured person is punished for the defendant.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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 becomes 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 the competent police office pursuant to Article

The defendant enters the military court due to the age, occupation, risk of recidivism, type of crime of this case, motive, process, disclosure order or notification order of the defendant exempted from disclosure order or notification order.

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