(영문) 의정부지방법원 2014.04.29 2014고단418

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(영문) 의정부지방법원 2014.04.29 2014고단418

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 08:10 on February 8, 2014, the Defendant committed an indecent act against the victim in a densely-populated place, such as by inserting his/her fingers into the victim E (the age of 24) who was intending to sleep, by inserting his/her fingers into the victim E (the age of 24), continuously inserting his/her fingers into the victim’s lower part, making the victim’s sexual organ several times, and making the victim fit for dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. E statements;

1. Application of the Acts and subordinate statutes to the complaint;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is not good for the Defendant to commit an indecent act against the victim in a private letter or water surface room used by the general public and commit the act that seems to be denied on the job.

However, in light of the fact that the defendant has led to the confession of all the crimes of this case and his mistake in depth, and the defendant has no same criminal records and has been living without any particular criminal records for the last ten years, it is judged that the crime of this case has been committed contingent.

In addition, taking into account the favorable circumstances of the defendant, such as the fact that the victim and the defendant agreed smoothly with the victim, the court decided to order the robbery of sexual assault treatment programs to prevent recidivism. In addition, all other circumstances, including the defendant's age, character and conduct and environment, the process and motive leading to the crime of this case, and the circumstances before and after the crime, etc., are considered as ordered.

The criminal facts of sexual crimes subject to registration of personal information are crimes.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-형법 제69조 제2항

-형법 제70조

-형사소송법 제334조 제1항

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