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(영문) 대구지방법원 2014.09.25 2014고단3923
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 June 1, 2014, at around 09:40, the Defendant: (a) discovered the victim C (n, 39 years of age) who was in the passage between the seats in the bus while getting on the bus No. 1 (B) bus operating from the subway station of the Daegu-gu New Cancer-dong, Daegu-gu, to the arms-free capital-free plane, and (b) found the victim C (n, 39 years of age) who was in the way of the space between the seats in the bus and found the other side of the female.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes for report on internal investigation (with respect to the confirmation of bus booms data);

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 judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered in accordance with Article 334(1) of the Criminal Procedure Act, 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

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved therefrom, the preventive effect and effect of a sexual crime subject to registration which can be achieved therefrom, and the effect of protecting the victim, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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