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(영문) 대구지방법원 2017.06.27 2017고단2189
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 March 16, 2017, the Defendant: (a) on March 16, 2017, 3080, on the top of the right side of the injured party C (SY) who was on board the subway B trains 2-2 partitions in the Goyang Station of 3080, and was seated on the top of the right side of the injured party C (SY 23 years old), and was seated up to the Daegu subway No. 2 Line E Station of 4, 3080, the Defendant left the right side of the injured party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

The reason for sentencing was that the victimized person caused mental pain and sexual humiliation due to the crime of this case.

The fact that they look at, recognize and reflect the crimes, there is no history of sexual crimes against the defendant, and before 199.

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