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(영문) 인천지방법원 2015.12.23 2015고단6488
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three 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

On September 2, 2015, at around 14:40, the Defendant committed an indecent act against the victim in the subway station, which is a place where the public is concentrated, by making only one time the amblock of the victim B (n, 22 years of age) located in front of the Incheon Southern-ro, 35 Incheon Terminal Malaysia.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against the victim B;

1. Application of Acts and subordinate statutes to output CCTV data, and field photographs;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration 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 related agency pursuant

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 Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for the same crime in 2009, considering the fact that the instant crime was committed once, and the attitude was relatively not much severe, that the Defendant recognized and reflected the Defendant, and that the Defendant did not commit a crime since 2009.

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