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(영문) 대전지방법원 천안지원 2017.03.24 2016고단2356

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 15, 2016, the Defendant found the victim E (29 years and female) within C Bus (D) that was operating in the direction of the terminal of an out-of-city bus located in the Nam-gu, Namcheon-gu, Namcheon-gu, Namcheon-gu, Namcheon-gu, in front of the independent memorial hall, and committed an indecent act against the victim in the bus, which is a densely concentrated place, in a manner that the victim's ambl and ambl with her sexual flag met by hand, and his ambl with amblance on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The prosecutor's protocol on the suspect interrogation of the accused [In full view of the following facts: (a) the victim made a relatively consistent statement from the investigative agency to the investigation agency about his/her indecent act and the situation at the time of the prosecution; (b) there are no special circumstances to suspect the credibility of the victim's statement in light of the content and attitude of his/her statement; and (c) the Defendant repeated his/her sexual behavior several times when he/she was pushed ahead of the victim's sexual behavior, the intent of the indecent act is recognized against the accused.]

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.

An order of disclosure or notification shall be exempted from the defendant's age, occupation, risk of recidivism, details and motive of the crime, method of committing the crime, seriousness of the crime, and order of disclosure.