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(영문) 인천지방법원 부천지원 2018.12.12 2018고단2798
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 8, 2018, the Defendant, at a crying male water surface room located on the 7th floor of the B building in Bupyeong-si, 07:00 on September 8, 2018, crying the hands into the fry of the victim D ( South, 22 years old) who was born, and was in charge of the sexual flag of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to a report on investigation;

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 main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, led to confession in this Court.

There is no record of punishment for the same crime prior to the instant case.

As a result of the defendant's crime, the victim was frighten, sense of shame, aversion, and displeasure, and was frighten of mental impulse, and was punished by strong punishment against the defendant.

In addition, the punishment shall be determined by comprehensively considering the degree of indecent conduct, age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc. of the defendant, and the conditions of the sentencing as shown in the records, such as the 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's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order is disadvantageous to the defendant.

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