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(영문) 인천지방법원 2015.04.22 2014고단7186
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 6, 2014, around 21:18, the Defendant: (a) was on board the Incheon subway Station; (b) discovered the victim C (bee 20 years of age) in front of the Defendant; (c) had the intent to force indecent acts by force; and (d) had the victim’s right-hand bucks inside the Incheon subway Station.

In this respect, the Defendant committed indecent act against the victim at a public gathering place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive with respect to a sex crime subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, 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 is obligated to submit personal information

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, process of a crime, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage to the Defendant, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose and notify personal information 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.

Therefore, a disclosure order or notification order is not issued to the defendant.

The reason for sentencing is that the form of crime is relatively minor, that the defendant recognizes and reflects the crime, and that the defendant does not have the same criminal records.

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