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(영문) 인천지방법원 부천지원 2017.01.18 2016고단3035
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On October 7, 2016, the Defendant, at around 19:03, 19:03, boarded the Defendant, in the Seocho-gu Seoul Metropolitan Government DV E Station No. 9, was on board a sudden train that was operated in the direction of her will reverse, and committed an indecent act by force against the victim F (the 26-year age), with the victim et al., her chest and her sexual flag flock in the victim et al.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Application of Acts and subordinate statutes entered in the investigation report (control status and the details of arrest);

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, the punishment as ordered shall be determined by considering the circumstances under Article 51 of the Criminal Act, such as the confession of the crime of this case and the degree of the indecent act of this case, etc.

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

Personal information is personal information in light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, disclosure order or notification order of the instant crime, expected side effects and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention of sex crimes subject to registration that can be achieved therefrom, and effect of protecting the victims.

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