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(영문) 인천지방법원 2017.12.13 2017고단7527
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 13, 2017, around 19:44, the Defendant committed an indecent act by putting his hand, etc. in front of the victim F (V, 22 years of age) in front of the victim F, using a mixed gap in subway (No. 1) starting from the E station located in Guro-gu Seoul Metropolitan Government (U.D.).

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, 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, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

The nature of the crime of this case, which intentionally commits an indecent act against the victim at a public concentration place with the reason of sentencing, is not less severe, and the defendant has the record of being punished for the same kind of crime.

However, the fact that the defendant recognizes and reflects the crime, and that the victim is agreed.

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