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(영문) 대전지방법원 2016.10.05 2016고단2034
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 17, 2016, from around 07:00 to around 07:30 of the same month, the Defendant discovered the victim E (the age 23) who was seated and fastened on the 41st 4th knife at the 41st knife, and was sitting on the 42th knife at the 42th knife of the Defendant’s right hand in the victim’s left side, she was flife by inserting the Defendant’s right hand into the victim’s left side knifebbbbbbbbbbb, the Defendant’s knife and knife between the victim’s knife and the knife.

Accordingly, the defendant committed an indecent act against the victim in the train which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Articles 70 (1) 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. The criminal records of the sentencing of Article 334(1) of the Criminal Procedure Act are two times, and in particular, the criminal records are very poor in that they committed the instant crime while being tried for the same crime as the instant case.

However, considering the favorable circumstances, such as the fact that it does not repeat a crime, such as receiving a mental therapy, and the fact that the victim has agreed smoothly with the victim, the punishment shall be determined as ordered in consideration of the age, character and conduct, environment, etc. of the defendant, and other various sentencing conditions specified in the arguments in this case, such as the defendant's age

Where a conviction becomes final and conclusive with respect to a crime in which personal information is to be registered and submitted, 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 the relevant agency pursuant to Article

The defendant's age of exemption from an order of disclosure or notification;

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