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(영문) 인천지방법원 부천지원 2016.06.08 2016고단740
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 November 13, 2015, the Defendant, on November 13, 2015, boarded-gu, 09:00, boarded-do, Hancheon-si, Seocheon-si, U.S., on the subway 1 line, which is a mass means of transportation, committed an indecent act by committing an indecent act on the part of the victim Fbucks located in the front of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police in F are recorded;

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes and the 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 is that there was a history of having been suspended from indictment for the same kind of act on one occasion against the defendant, and that the defendant did not reach an agreement with the victim, etc. are disadvantageous circumstances.

However, considering the fact that the defendant led to the crime of this case and tried to repent his mistake, the punishment as ordered shall be determined by considering the circumstances of Article 51 of the Criminal Act.

When a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is a sex offense subject to the 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 4

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information.

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