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(영문) 창원지방법원 2017.11.29 2017고정788

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

피고인은 2017. 6. 20. 23:30 경 창원시 의 창구 동정동 버스 정류장을 경유하여 창원시 북면 신촌리 온천장까지 운행하는 ㈜ 대중 교통 C 시내버스에 탑승한 후, 운전석 뒤 여섯 번째 좌석의 통로 쪽에 앉아 있던 중, 바로 옆에 앉아 있던 피해자 D( 여, 19세) 이 잠을 자고 있는 틈을 이용하여 팔짱을 낀 채 오른손을 왼쪽 겨드랑이 밑으로 집어넣은 다음 피해자의 오른쪽 가슴을 만져 추행하였다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to E and D;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where the registration of new information and the conviction of the accused to be submitted pursuant to the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program is finalized, 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 the head of the competent police 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, and Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in light of a comprehensive consideration of the Defendant’s age, occupation, risk of repeating a crime, details of a crime, method and consequence of a crime, seriousness of a crime, crime record, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage to be borne by the Defendant, the preventive effect of a sexual crime subject to registration that may be achieved