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(영문) 광주지방법원 2016.12.02 2016고단4295
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

피고인은 2016. 7. 20. 17:00경 광주시 남구 C에 있는 D여고 앞 버스정류장에서 E 시내버스에 승차하여 그곳에 있던 피해자 F(여, 17세)를 보고 추행할 것을 마음먹고, 피해자에게 접근하여 약 10분간 피고인의 성기 부위를 피해자의 허벅지 부위에 밀착시키고 이를 비볐다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on the victim;

1. Application of the Acts and subordinate statutes in which a report on investigation is filed (Attachment of Babbbox film image materials);

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to the head

In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of repeating a crime, benefits expected to be expected by an order of disclosure or notification, disadvantages and side effects, etc. of the Defendant’s exemption from an order of disclosure or notification, it is determined that there are special circumstances under which personal information shall not be disclosed or notified. Thus, the order of disclosure and notification to the Defendant based on Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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