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(영문) 인천지방법원 2015.05.20 2015고단1152
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

At around 02:10 on December 27, 2014, the Defendant committed an indecent act against the victim in a densely concentrated place, such as the victim E (the age of 27) who takes soup, frying soup, frying the body of the Defendant, taking the victim’s face, gathering the Defendant’s sexual organ from the victim’s sexual organ at a soup and sobrying place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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 sexual crime subject to registration becomes final and conclusive in regard to the criminal facts subject to registration as stated in 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

However, considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, degree and expected side effects of the defendant's disadvantage due to disclosure notification order, prevention and effect of sexual crime subject to registration that can be achieved therefrom, protection effect of victims, etc., no order to disclose or notify personal information is issued to the defendant pursuant to the proviso of Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing is that the crime of this case is not easy to form a crime.

However, the defendant recognizes the crime and agrees with the victim, and the victim does not want the punishment of the defendant.

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