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(영문) 인천지방법원 2015.11.04 2015고단4964
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2015, at around 09:30, the Defendant committed an indecent act against the victim in a bus, which is a means of public transportation, by reporting the victim C (the age 22) who was seated adjacent to the back of the bus No. 569, which was going on the road near Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, by taking advantage of the circumstances where the victim was able to have sexual intercourse with his/her left arms, and caused the victim to feel a sense of sexual humiliation and insult.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In order to exempt a defendant from an order to disclose personal information, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose and notify personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. The attitude of committing the instant crime is not easy, and the victim saw a considerable sense of sexual shame, and thus, the Defendant 1 suffered a sense of sexual humiliation.

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