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(영문) 전주지방법원 2017.12.08 2017고단1721
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 26, 2017, at around 08:05, the Defendant started from a strong bus terminal located in the front Jin-gun of North Korea, which was located in the Jin-gun of North Korea on June 26, 2017, and committed an indecent act against the victim D (W, 26 years old, household name) who was seated in the opposite side of the exit from the passenger bus in the front Gin-gun of North Korea, and was seated in the front side of the E scientific high-tech platform of this E, the Defendant was able to get off from the front side of the victim's right side, with the victim's kick, and the victim was flick at a place where the general public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Investigation report (the victim has boarded);

C Matters concerning the verification of CCTV in buses

1. Application of Acts and subordinate statutes to photograph CCTVs in buses C;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. For reasons unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant was sentenced to imprisonment for eight months at the Jeonju District Court on October 28, 2015 due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) and completed the execution of the sentence on June 26, 2016.

There is a crime committed during the crime of this case.

The favorable circumstances include the fact that the defendant recognizes the crime of this case and the defendant does not want the punishment of the injured party by the agreement with the injured party.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

Where a conviction is finalized with respect to a sex offense subject to registration of this case, which shall be registered and submitted.

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