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(영문) 청주지방법원 2017.10.20 2017고단1756
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

around 17:00 on April 27, 2017, the Defendant started from the bus stop of an Abridge which was located at 186, a party to the petition of the Gu, and boarded off to the end of the city bus located in the Cheongju-gu, Seo-gu, Cheongju-si. On the same day, around 17:40 on the 17:40 on the 17:40 on the 17:40 on the 17:40 on the 3rd seat of the bus at the entrance bus of the Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and became a door to approximately 3 minutes by fasting the Defendant’s inner part on the left buckbuck part of the victim’s left buck.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

Application of the police statement law to the defendant's legal statement D

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

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

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

4. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act reflects the Defendant’s mistake, and considering the fact that the victim does not want punishment by making payment of KRW 2 million to the victim at the stage of a public trial, the first offender, and the fact that the victim is highly likely to comply with future legal order in the fourth grade of a university. If a conviction against the Defendant on the criminal facts in the judgment that are subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering may be achieved.

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