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(영문) 인천지방법원 부천지원 2017.12.11 2017고단2573
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

1. On July 25, 2017: (a) around 07:53 to 07:55, the Defendant committed an indecent act against the said victim two-minutes in a way that the Defendant, within the five-minutes of the victim E (V, 21 years) immediately after the end of the operation of the C-D stations, in the front line of the C-D stations, the Defendant: (b) 07:53 to 07:55, the Defendant committed an indecent act.

2. On July 20, 2017: (a) around 07:41 to 07:52, the Defendant committed an indecent act against the said victim for about 11 minutes in a way that the Defendant, within the 5th passenger vehicle in the instant passenger vehicle in the instant passenger vehicle in the instant passenger vehicle, between G-D stations, i.e., the Defendant: (b) was frightened by the victim H (n, 19 years old); and (c) was frightened by the victim’s sexual organ, in the instant passenger vehicle in the instant passenger vehicle in the instant passenger vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and H:

1. Application of Acts and subordinate statutes to photograph by capturing each screen picture;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order, is very disadvantageous to an unspecified number of women.

Two times of crime, and the victims feel a great sexual humiliation, insult, and aversion.

However, the defendant's mistake is recognized and seriously reflected.

There is no criminal history prior to the instant case.

Each agreement was paid to the victims and agreed.

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.

The judgment of conviction on the criminal facts in the judgment that is a sex offense subject to the registration of personal information.

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