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(영문) 인천지방법원 2017.01.12 2016고단7052
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 2, 2016, around 22:50 on July 2, 2016, the Defendant got on the bus in Mapo-gu Seoul Metropolitan City D Station bus stops to commit an indecent act against the victim F (n, 26 years of age) located adjacent to the bus driver's seat, and continued to contact the victim's sexual flag with the victim's sexual flag, and to change the victim's attitude.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes for the analysis of E B Blus video images;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have the attitude of recognizing and reflecting the Defendant’s crime, and the fact that the Defendant has no record of punishment other than once before and after the 1998 penal punishment, etc., considering favorable circumstances, the fact that the Defendant did not recover from damage should be considered disadvantageously, and the fact that the damage did not occur should be considered in light of the circumstances, and other matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, sexual behavior, environment, etc., as indicated in the records and arguments of the instant case

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering and submitting personal information, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

However, the defendant's age, occupation, risk of recidivism, contents and motive of the crime, method of the crime, seriousness of the crime, disclosure order or notification order.

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