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(영문) 대구지방법원 2016.11.15 2016고단4193

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On May 26, 2016, at around 08:30, the Defendant boarded the D Bus in the front of the F stop, and tried to commit an indecent act against the victim E (the age of 24) by sitting in the side of the victim E (the age of 24). The Defendant rhumd the victim’s body by fasting the victim’s body in the victim’s body and using the victim’s left side buckbuck, and continued to use the victim’s body in the front stop until the victim left the door.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Application of Acts and subordinate statutes to photographs of the number of transportation cards, copies of credit cards, and internal investigation reports (to attach CCTV images of urban buses);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine (i.e., reflectiveness, absence of criminal record);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a related agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the personal information shall not be disclosed and notified pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.