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(영문) 창원지방법원 진주지원 2018.04.17 2018고단59

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 26, 2017, the Defendant: (a) within C urban bus in which the bus stops located in Jinan-si, Jin-si, Jin-si and the bus stops located in Jin-si, Jin-si, Jin-si (hereinafter “Sin-si”), the Defendant used the congested gap to use his string of the victim D (Vin, 17 years of age, Gam), which was behind, was able to use in his hand as follows.

Accordingly, the defendant committed an indecent act against the victim at the city bus which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. Investigation report (recording video recorded against victim D), stenographic records;

1. Application of the Acts and subordinate statutes governing booms photographs of damaged places;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant who is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, when this judgment becomes final and conclusive, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.