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(영문) 수원지방법원 2015.10.29 2015고단1820
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 20, 2015, the Defendant: (a) on March 20, 2015, around 06:40, 06:40, the bus stops in front of the Da middle school in Ansan-gu, the Defendant boarded the vehicle via E and was seated in the third seat, and (b) thereafter, the victim F (the age 25) was seated in the front seat of the Defendant’s seat, seated in the seat seat of the Defendant; (c) the bus was at the time when the bus stops in the H Station G located in the Heung-gu, Y-gu, G at the time when the bus was opened at the time of 07:30 on the same day, the Defendant committed an indecent act against the victim on the bus, which is a means of public transportation, by extending the left hand into the front seat between the bus window and the front seat, using three to four times the left part of the victim’s seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The first interrogation protocol of the accused at the police time;

1. Application of the laws and regulations of I and J;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

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

1. Where a conviction of a defendant against the criminal facts stated in the judgment on the punishment, etc. of a sexual crime committed as ordered to complete a program 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 personal information shall not be disclosed and notified pursuant to the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in comprehensive consideration of the defendant's age, occupation, risk of recidivism, type of the crime in this case, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effects of the sex offense subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

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