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(영문) 대전지방법원 공주지원 2016.09.02 2016고단60

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

At around 17:20 on February 21, 2016, the Defendant continued to walk the victim D (one person) who was seated next to Gwangju Metropolitan City (one person), knee, knee, knee, knee, knee, and knee, knee, knee, knee, knebbb, kn the victim’s knebbbbbbbb, and kn the victim’s kne, knee, knee, knee, knee, leaving the bus in order to have the victim move to another place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Investigation report (at the time of sending to the site);

1. Application of Acts and subordinate statutes to photographs (E dialogues);

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 against the defendant is finalized in regard to the facts constituting a sex crime subject to registration under 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.