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(영문) 대전지방법원 2014.12.24 2014고단1750
성폭력범죄의처벌및피해자보호등에관한법률위반(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 February 25, 2014, at around 18:37, at the Dong-dong and Dong-dong of Daejeon, the Defendant was boarding and standing at the intermediate point of the bus at the point of the bus, and when the bus was stopped near the Jung-gu Office, the victim C (V), who was seated in the front seat of the bus when the bus was temporarily stopped at the point of the bus, followed by the passage that occurs at the place of stop to get out of the bus. When the victim passed by the defendant's side, the Defendant divided the victim's back to the bus through the passage that occurs at the place of stop to get out of the bus.

Accordingly, the defendant committed an indecent act on the victim in a public transport bus.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes governing urban bus CCTV CDs;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information in consideration of the fact that there is no previous conviction in sentencing grounds under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 obligation to submit personal information to a competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, there are special circumstances that may not disclose and notify personal information.

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