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(영문) 대전지방법원 2014.09.24 2014고단2394
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 30, 2014, the Defendant: (a) around 08:13, at the opening apartment stop located in the Seo-gu, Seo-gu, Ambane apartment stop, which was boarding the city bus No. 105 and going in the direction of the abyang-dong, and was living in the direction of the Ambyang-dong, the Defendant was tightly pushed his sexual flag in the victim’s her mack, and her right macks down after the victim C (V, 22 years of age), and her macks the victim

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Investigation report-CCTV, etc.;

1. Photographs of the criminal scene;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. Where the conviction of the accused against the crime subject to registration of personal information is finalized on the reasoning of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification 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 personal information shall not be disclosed and notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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