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(영문) 인천지방법원 2019.01.31 2018고정2380
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On June 26, 2018, at around 21:45, the Defendant was on board C bus in Bupyeong-gu Incheon Metropolitan City, and was able to commit an indecent act after discovering the victim D (name, 50 years of age) who was close to the bus entrance, and was seated next to the victim's hand, and the victim's left side buckbucks.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the Acts and subordinate statutes on blackbox storage CDs and CCTV images-faging data at the place of crime;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex crime subject to registration, of 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 to a competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage suffered by the Defendant and the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims thereof, etc., no order to disclose or notify the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall be issued.

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