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(영문) 의정부지방법원 2014.10.31 2014고단2459

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 23:00 on June 29, 2014, the Defendant discovered that the victim C (V, 20 years of age) was able to string the mixed eye and earphones and earphones in the bus No. 1-1, the Defendant was able to sit down in the side of the victim, and knicked the loss inside the victim's side, and knicked the victim's side gate and flick.

Accordingly, the defendant committed an indecent act on the victim in a public transport bus.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. The Defendant’s act of sentencing reasons under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order was intentionally committed and the crime was not committed, and the Defendant did not receive a letter from the victim.

However, the Defendant selected a fine by taking into account the circumstances, such as the confession of the instant crime and the violation of the law, and the first offender who has no criminal power.

In addition, in full view of various circumstances, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime of this case, the sentencing conditions as shown in the records and arguments shall be sentenced as the disposition.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 relevant agencies pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, seriousness of the crime, disclosure order or notification order shall be the defendant's age, occupation, risk of recidivism.