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(영문) 광주지방법원 2015.08.19 2015고단2249
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 30, 2015, at around 22:31, the Defendant committed an indecent act in a way that the victim’s sexual organ was placed in the victim G (V, and 17 years old) after the lapse of 22:36 on the same day until he/she was aboard the E bus at the D Jeong bus stops located in Gwangju North-gu, Gwangju, and was getting off the E bus at the front bus stops.

Accordingly, the defendant committed an indecent act on people in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

1. Where a conviction of a sex offense subject to registration becomes final and conclusive in the judgment, which constitutes a sex offense subject to registration, 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 is obligated

In light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s entry, prevention of sexual assault crimes subject to registration, effect on the protection of the victim, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to Articles 47(1) and 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 of Children and Juveniles against Sexual Abuse.

The reason for sentencing has not been recovered from the victim's damage, and the past year of 2007.

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