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(영문) 대구지방법원 2018.11.09 2018고단3425
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

피고인은 2018. 3. 29. 17:35 경 대구 중구 C 소재 D 공원 버스 정류장에서 E 시내버스에 승차 하여 교복을 입고 서 있는 피해자 F( 가명, 여, 17세) 의 뒤편으로 다가서 서 하체를 피해 자의 엉덩이 부위에 밀착한 후, 약 4 분간 자신의 성기를 피해 자의 엉덩이에 비볐다.

Accordingly, the Defendant committed indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as report on internal investigation (Attachment to bus booms, video images, etc.), investigation report (the behavior of suspects within urban buses before and after the crime is committed), and photograph 12 photographs;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is as follows: (a) the Defendant’s instant crime was committed; and (b) the nature of the crime is not good in light of sexual humiliation and harshness;

However, considering the fact that the defendant did not want the punishment of the defendant in agreement with the victim, there is no criminal history of the defendant, and there is no criminal history of the defendant, and the fact that the defendant is against the victim.

In addition, taking into account the motive, motive and circumstance of the Defendant’s instant crime, circumstances after the instant crime, etc., the sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age and sexual conduct, shall be determined as ordered by taking into account.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

Disclosure, notification and employment restriction order shall be exempted.

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