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(영문) 인천지방법원 2017.01.11 2016고단6892
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On July 25, 2016, around 19:10 on July 25, 2016, the Defendant: (a) had the intent to commit an indecent act against the victim C (the 25 years old), who was located in the subway train of Incheon, Incheon, Incheon, which served as the transmission details from the new forest basin; (b) had the Victim C (the 25 years old) committed an indecent act against the victim; (c) had the victim’s her son’s son’s son’s son attached even after the victim’s son; and (d) had the victim knife his son’s son back to the rear; and (d) had the victim knife his son’s son twice.

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

2. 피고 인은 위 1 항 기재 일시, 장소에서 위 1 항과 같이 C을 추행한 직후 위 전동차 출입문 부근에 서 있던 피해자 D( 여, 27세) 을 추행하기로 마음먹고 피해자의 뒤에 바짝 붙어 피해자의 엉덩이에 성기를 대고 비볐다.

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. Application of the respective laws and regulations of C and D

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that can be achieved by an order to disclose information, and the defendant's order to disclose personal information.

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