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(영문) 창원지방법원 거창지원 2014.12.03 2014고단288
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 18, 2014, at around 08:16, the Defendant: (a) boarded B B B buses on the bus platform of the city bus platform of the Song-ri city bus; (b) laid down on the next seat of the victim C (the age of 19) and her left hand to the right-hand bucks and her am. (c) committed indecent act.

Accordingly, the defendant committed indecent acts against people in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on internal investigation reports (flabbbboxes, video fluor and CD attachment);

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

1. Selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under 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 under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to issue an order to disclose or notify personal information to the defendant, in full view of the defendant's age, occupation, risk of recidivism, motive of the crime in this case, method of the crime, consequence and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to an order to disclose or notify, the prevention of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc.

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