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(영문) 의정부지방법원 2018.11.14 2018고정1208
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On April 16, 2018, between around 11:00 to 11:35, the Defendant discovered that the electric train B, Dongbcheon-do, Incheon, B, is seated in the third passenger vehicle from the Cheongwon-ray underground level to the lux government station, and that the Defendant was seated on the victim’s left side.

계속하여 피고인은 졸고 있는 척하며 자신의 오른쪽 손등과 손마디로 피해자의 왼쪽 허벅지 왼쪽 허벅지 부위를 꼼지락거리며 비벼대고, 피고인이 자신의 전화기를 꺼내는 척하면서 피해자의 왼쪽 허벅지 부위를 1회 쓸어 올리는 방법으로 약 35 분간 성 추행을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Application of the Acts and subordinate statutes on video CDs upon committing a crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and the conviction of the accused becomes final and conclusive, the accused 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 competent agency pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., the Defendant’s exemption from disclosure order and notification order shall be comprehensively considered. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse.

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