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(영문) 인천지방법원 2018.06.01 2018고정655
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 30, 2017, at around 18:25, the Defendant used the gap in which the inside was congested from the Dong-dong, Incheon, Dong-dong, Guro-gu, Seoul, Seoul, to be fluort in the victim E (18 years old, female).

In this way, the Defendant committed an indecent act on the victim within the electric train, which is a place where the public is concentrated, for about five to seven minutes, until the previous car arrives in F Station, which is the same route.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment to photographs at the time of occurrence);

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

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (i.e., 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, on the ground that a conviction on a sex crime subject to registration to be submitted becomes final and conclusive, on the grounds that the defendant is a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

However, if the suspension of sentence is not invalidated after two years have elapsed since the date the defendant received the suspension of sentence pursuant to Article 45-2 (1) of the same Act and is deemed acquitted pursuant to Article 60 of the Criminal Act, the registration of personal information shall be exempted.

Where a suspension of sentence is suspended pursuant to the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order, the order to disclose personal information shall not be imposed on the defendant, due to the risk of recidivism, the type, motive, content and consequence of the crime, the disclosure order or notification order.

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