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(영문) 창원지방법원 2019.09.04 2019고단1232
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Criminal facts

At around 22:00 on March 22, 2019, the Defendant was boarding the D bus belonging to C in the front of the Sung-gu, Changwon-si bus B, Changwon-si, and was seated adjacent to the right side of the victim E (the name of the victim, the 18 years old). While the said bus passes through the Changwon tunnel located in the Ho-dong, Kimhae-si, the Defendant was able to have the left hand, etc. on the right side of the victim's right side, and was able to have the victim's breast with a string hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes in Chapter 1 of the video CD and Chapter 1 of the CCTV in the D Bus;

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

1. Article 70 (1) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, the defendant 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article

Although the Defendant exempted from disclosure and notification orders and employment restriction orders committed the instant crime more than one month after being sentenced to a fine due to the same crime, considering the Defendant’s age, type of crime, process of crime, criminal records, social benefits expected by the disclosure and notification orders, and social benefits expected by the employment restriction orders, as well as the preventive effect of sexual crimes, and the disadvantages and expected side effects of the Defendant therefrom, the Defendant’s personal information shall not be disclosed or notified or the Defendant’s personal information shall not be ordered to be placed in child or juvenile-related institutions and welfare facilities for the disabled. Thus, the punishment of sexual crimes shall be punished.

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