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(영문) 대전지방법원 2015.10.30 2015고단3077
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant fails to pay the above fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

On September 10, 2015, the Defendant, at around 10:00, committed an indecent act by force against the victim C (the age 22) who was seated in the city bus No. 703, a dry field near the Seo-gu, Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

3. Where a judgment becomes final and conclusive to submit 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 shall become a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall have the obligation to submit

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing is that the defendant recognizes all the mistakes and reflects, the degree of indecent act is relatively minor, the intelligence of the defendant seems to have a certain degree of influence on the crime, the victim and the defendant have been finally agreed.

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