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(영문) 인천지방법원 2016.01.20 2015고단7202
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2015, at around 08:00, the Defendant found out the appearance of the victim (e.g., 22 years of age) in a soup crying crypt B in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and committed an indecent act against the victim of his sexual organ, after taking out in the victim's side, she was frying his sexual organ into the her her her senth, and she was frighted against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to D

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 the accused is obligated to submit personal information to a related agency pursuant to Article 4

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

Reasons for sentencing

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. The punishment of imprisonment is to be imposed on the following grounds: (a) not only is the form of the instant crime, but also has not been recovered from any damage; and (b) the Defendant, in particular, committed a second offense despite the fact that he had received a summary order twice a fine for the same crime; and (c) the Defendant has

However, the fact that the defendant recognizes the crime and reflects it, and that there is no criminal offense exceeding the fine.

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