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(영문) 창원지방법원 마산지원 2016.11.30 2016고단1069
준강제추행
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 August 15, 2016, around 06:25, the Defendant, within the D new passenger cross-city bus running ahead of the C Hospital located in Changwon-si B, decided to commit an indecent act by reporting that the victim E (inns, 22 years of age, 22 years of age) seated in front of the seat is locked, and opened up the left chest of the victim by going out by the gap between the window and the chair.

As above, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E prepared by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of a fine for selective punishment (the fact that he/she acknowledges and reflects the mistake of his/her person, the fact that there is no power, the fact that he/she would not repeat the same crime again, and the extent of the indecent act in this case, etc.);

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

1. Where this judgment becomes final and conclusive to file for the registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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

Considering the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime in this case, methods and seriousness of the crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect of the sex offense subject to registration which may be achieved due to such order, the protection of victims, etc., the disclosure order or notification order of personal information shall not be issued on the grounds that there are special circumstances in which the disclosure or notification of personal information of the Defendant is prohibited.

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