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(영문) 대구지방법원 2014.01.16 2013고단6400
성폭력범죄의처벌및피해자보호등에관한법률위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 29, 2013, around 16:15, the Defendant was boarding D urban buses belonging to C at the bus stops located in the mountain-dong, Daegu North-gu, Daegu-gu, Daegu-gu, in front of the bus stops, and was seated on the rear seat of the bus.

The defendant get a guest who is unable to know his name in front of his own job, and the victim E (the age of 19) was transferred to the next edge of the victim who was seated on the front side of the defendant.

The Defendant committed an indecent act on the part of the victim, such as the victim's bucks and expectations, while the above city bus, which was operating along the route, was operating up to the two kinds of four streets in Daegu-gu, Seogu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Investigation report (to attach CCTV photographs to urban buses);

1. Application of 12 CCTV photographs to Acts and subordinate statutes;

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 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. Where a conviction of a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant 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, and is obligated to submit the personal information of the Defendant to the head of the competent police office pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.

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