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(영문) 대전지방법원 2014.10.22 2014고단2831
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 09:40 on June 5, 2014, the Defendant, using many passengers in the buses No. C 211, operating the Seo-gu Seo-gu World War, was placed in the victim D, etc. with his own / her left hand in line with the victim D, etc., and the victim’s her son was immediately left her son.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The details of CCTV video-recording photographs and the details of the use of buses;

1. Application of the Acts and subordinate statutes governing CCTV images of gold-transport buses;

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

1. Article 62 (1) of the Criminal Act;

1. Where a conviction of the accused is finalized on the criminal facts in the judgment that are subject to registration of personal information in consideration of the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 obligation to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, 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 the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall be issued against the Defendant, given that there are special circumstances where the disclosure of 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

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