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(영문) 대전지방법원 천안지원 2017.03.24 2016고단2230

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 September 26, 2016, the Defendant committed an indecent act against the victim on the front-time vehicle of the subway No. 3 at the subway station of subway No. 18:24, on September 26, 2016, the Defendant committed an indecent act on the victim D (n, 25 years of age) with his/her hand at the right knife of the victim D (n, kn, kn, and knife).

Summary of Evidence

1. Each legal statement of witness D and E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report [In full view of the fact that the injured party has consistently stated essential matters concerning the background of the indecent act committed by the accused from the investigative agency to the present court, and that there is no special circumstance to suspect the credibility of the injured party’s statement in light of the content and attitude of the statement, etc., and that police officers who witness the accused’s crime at the time also made detailed statements in detail about the situation at the time of the indecent act and the background of arrest, etc., the indecent act committed by the accused is recognized.]

Application of Statutes

1. Articles 11 and 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a crime that is subject to the registration of personal information in consideration of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the degree of conduct and the degree of conduct, the person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is subject to the obligation to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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.