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(영문) 인천지방법원 부천지원 2017.10.25 2017고단1595
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 10, 2017, at around 09:02, the Defendant committed an indecent act on the part of the public means of transportation in the manner of spreading the victim E (n, 23 years of age) with his/her own hand, after the victim E (n, 23 years of age), etc., coming from the D Station located in Dongjak-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of documentary evidence, images, and images to a course);

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes all of the Defendant’s errors and seriously reflects it.

There is no criminal history prior to the instant case.

However, due to the Defendant’s crime, the victim was frighten, humiliation, and aversion.

The injured party failed to receive a letter from the injured party, and the injured party wants to punish the accused.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant becomes 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 head of the competent police office pursuant to Article

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, and the prevention of sex crimes subject to registration which may be achieved due to such order.

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