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(영문) 인천지방법원 부천지원 2016.04.06 2016고단330
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 24, 2015, around 19:00, the Defendant committed an indecent act against the victim on the electric car, which is a public means of transportation, in the troke line of subway No. 1, which is located in subway No. 200-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu. The Defendant accessed the victim D (n, 21 years old-gu) who was suffering from other passengers’ gaps, and knife his body and body with the victim, and knife his son who was frighted with his her amb

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police in D are recorded;

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

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. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) does not reach an agreement with the victim is unfavorable.

However, there is no criminal record against the defendant, the defendant confessions the crime of this case and shows his misunderstandings, and the extent of the indecent act of this case, etc. under Article 51 of the Criminal Act shall be determined as ordered by considering the circumstances under Article 51 of the Criminal Act.

When a conviction on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is a sex offense subject to the 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 4

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, and the registration that can be achieved due to such order.

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