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(영문) 인천지방법원 부천지원 2015.07.01 2015고단814
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 March 23, 2015, around 19:07, the Defendant committed an indecent act in a way that meets the victim’s boom with his her son, after the victim C(M, 27 years of age) from the electric car operating the subway station of the subway line 1 in Guro-gu Seoul Metropolitan Government.

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of the Acts and subordinate statutes indicating the criminal place

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the relevant criminal facts and the Act on the Punishment, etc. of Sexual 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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order is limited to an unspecified person using public transportation, and its nature is not good. The defendant was prosecuted for the same kind of crime once, and the defendant was dismissed from prosecution. It is unfavorable that the defendant did not reach an agreement with the victim.

However, there is still no criminal record against the defendant, the defendant has led to the crime of this case and shows the misunderstanding of his or her own mistake, and the circumstances of Article 51 of the Criminal Act shall be determined as ordered by considering the whole of the circumstances.

If a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration of personal information becomes final and conclusive, 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 the head of a competent police

The age, occupation, risk of recidivism, type of crime of this case, motive, process, order of disclosure, or order of disclosure, of the defendant exempted from disclosure or notification order.

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