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(영문) 부산지방법원 동부지원 2014.12.03 2014고단1565

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

On June 18, 2014, at around 12:35, the defendant was under influence of the city bus No. 342 while under influence of alcohol at the stop, and was seated on the side of the victim D (the age of 20) (the age of 20).

Then, while the Defendant was passing around Busan-gu E on the same day, the Defendant 12:43 on the same day used the part of the victim’s right side with his knee who was knee of the victim who was knee of knee of the victim who was knee of his knee in the bus, and knee of the victim who was knee of the victim who continued to get out of the bus.

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

Summary of Evidence

1. Application of Acts and subordinate statutes on witness D's legal statement;

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. Where a conviction of a defendant who shall submit personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order falls under 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 defendant is obligated to submit personal information to the competent agency pursuant to

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is subject to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.