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(영문) 대구지방법원 2018.04.19 2018고단667
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 4, 2018, the Defendant: (a) entered the part of the victim’s sound to the part of her am, am, and am, from the passenger platform of the D Station 1 located in Jung-gu, Daegu, Daegu, into the subway (name, am, 21 years of age) after the victim E (name, am, am, 21 years of age).

Accordingly, the defendant committed an indecent act against the victim at a place where public transportation is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written complaint filed by E;

1. A written statement;

1. Investigation report (Attachment of CCTV images around the site) - Application of the Acts and subordinate statutes to the CCTV images-faging photographs;

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

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse; Article 50(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (where a conviction against the defendant becomes final and conclusive, considering the defendant's age, occupation, risk of recidivism; the type, motive, process, seriousness of the crime in this case; the degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure order or notification order; the preventive effect of the sexual crime subject to registration which can be achieved thereby; the victim protection effect; the defendant shall not disclose personal information; and the defendant shall submit personal information to a related agency pursuant to Article 43 of the same Act, on the grounds that 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.

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