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(영문) 인천지방법원 부천지원 2015.05.20 2015고단75
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2014, between 22:41 and 23:00, the Defendant committed an indecent act against the victim in the electric dynamic vehicle, which is a place of public smuggling, in a way that Seoul, Cro 3 took a train of 735 electric trains from the station, and 20 minutes away from the new forest to the inner station, and sits above the victim B (the age of 21) to use the Defendant’s right blue blus on the victim’s side side blusium.

Summary of Evidence

1. Defendant's legal statement;

1. Statement B;

1. Application of video-related Acts and subordinate statutes to images of the criminal defendant who is seated beside the victim and pushed down his arms;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. The sentencing grounds under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend shall be determined as the same as the order, in consideration of the fact that the accused has not reached an agreement with the victim and that the accused has any record of being sentenced to a fine

If a conviction on a crime committed in violation of the Act on the Punishment, etc. of Sexual Crimes, which is a sex offense subject to 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 is obligated to submit personal information to the head of a competent police agency pursuant

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of the victims thereof, etc., the punishment of sexual crimes, etc. shall be imposed.

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