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(영문) 의정부지방법원 고양지원 2014.12.05 2014고단1909

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Around 22:50 on May 19, 2014, the Defendant boarded the bus No. 385 at the bus stop located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, the Defendant committed an indecent act against the victim inside the urban bus, which is a means of public transportation, by means of public transportation, such as moving the bus to the victim's side seat and thrhyming and spreading down on the back side of the two partitionss at the seat where the victim D (F, 21 years old) is seated.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (a statement of a victim, a relative investigation) and investigation report (a statement of a victim attached thereto);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Article 70 (1) and Article 69 (2) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order in Prison;

1. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the special circumstances that need not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.