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(영문) 광주지방법원 순천지원 2017.08.25 2017고단283

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 12, 2016, the Defendant moved from the river station to the river station in the eXPO, a labbs, etc. of the victim D (V) seated above the 3th 2th knife of the train in question, where the Defendant was seated above the 3th 2th knife of the 3rd 2th knife of the 19th knife and knife the knife and knife the knife of the knife of the knife. of the knife. of the 20 minutes.

Accordingly, the defendant committed an indecent act against the victim at a place where public transportation is concentrated.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's legal statement (the defendant and his defense counsel had no intention to commit an indecent act on the part of the fact that the defendant was a consequence of his locking;

However, in light of the fact that an indecent act was committed repeatedly during the short period of time, and the victim's movement to the side by side, the defendant also committed an indecent act against the defendant in light of the fact that the victim moved to the side by side.

[H]

Application of Statutes

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

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

1. Article 59(1) of the Criminal Act (a punishment to suspend sentence: a fine of one million won, detention in a workhouse: 100,000 won per day); the defendant has a duty to submit personal information to a competent agency pursuant to Article 43 of the same Act, on the ground that the conviction of the crime in the judgment that is a sex offense subject to registration becomes final and conclusive, is a person subject to registration of new information and to submit personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, since the defendant is a person subject to registration of personal information under Article 43 of the same Act, and the defendant has a duty to submit personal information to the competent agency pursuant to Article 43 of the same Act.

However, the suspension of the sentence against the defendant.