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(영문) 인천지방법원 2017.02.09 2016고단7884
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 23, 2016, the Defendant committed an indecent act against the victim in the subway station, which is a public means of transportation, in a way that the victim F (V, 23 years old, and household name) who was seated on the side of the Defendant at around September 23, 2016, when the subway 7 trains of subway C, which go to the front line area of the front line in the office of Bupyeong-gu, Bupyeong-gu, Seoul Metropolitan Government, entered the E Station located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have the attitude of recognizing and opposing the Defendant’s crime, the primary offender, etc. are favorable circumstances, and the fact that the damage has not been restored is not recovered due to unfavorable circumstances, and the Defendant’s age, sexual behavior, environment, etc. as indicated in the records and arguments of this case are considered, and the punishment is determined as ordered by taking into account the various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, sexual behavior

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering and submitting personal information, the accused 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 competent agency pursuant to Article 43 of the same Act.

However, the defendant's age, occupation, risk of repeating the crime, contents and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the disadvantage of the defendant to suffer, the preventive effects of the sexual crime subject to registration that can be achieved therefrom, and the victim.

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