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(영문) 서울북부지방법원 2014.11.05 2014고단2752

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 July 2, 2014, at around 22:50, the Defendant, within the city bus No. 3150, 2014, 22:50, 32:00, 200, 22:00 the Defendant used the victim’s bucks in hand to report and commit an indecent act on the victim’s D (the age 22) seat seated next to the city bus.

Accordingly, the victim avoided the defendant and moves the defendant in the future, and the defendant was sitting towards the body of the victim by leaving the victim's side by the victim's side.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is not good, such as whether the defendant is a victim who has committed an indecent act by avoiding the defendant's indecent act on the grounds of sentencing, but considering favorable circumstances, such as the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc., where the defendant has no criminal record of the same kind, reflects the fact that the defendant has agreed to do so smoothly with the victim, etc., the punishment as ordered shall

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 competent agency pursuant to

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order of personal information.