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(영문) 인천지방법원 2017.05.10 2016고단8950
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant was passing around the East Rock around July 15, 2016.

C The victim D (the 19 years old) who was prepared to leave the bus in front of the back of the bus was passed by the victim D, and the victim's her her her her her her her her her her her her her her her her her her her her her b

2. On September 12, 2016, the Defendant passed along the side of the victim E (hereinafter “victim E”) located in the front of the entrance of the front line of the Seoul subway No. 2, which had passed between the Yeongdeungpo-gu Station of Yeongdeungpo-gu and the Hong-gu Zone on September 12, 2016, and the Defendant left the front line of the front line of the front line of the Seoul subway No. 2, which was located in the front line of the said seat, and the Defendant left the front line of the victim’s left side as the knife part of the victim’s knife, and continued to run back the victim’s knife, and became the victim’s knife.

Accordingly, the defendant committed an indecent act against the victims in the means of public transportation where people are concentrated.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and E respective legal statements;

1. Application of Acts and subordinate statutes concerning visual recording of field CCTV;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, prevention and effect of sexual crimes that can be achieved by an order to disclose information, disadvantage of the defendant, etc. shall be considered to be punished for sexual crimes.

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