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(영문) 대전지방법원 2014.03.26 2013고단4808
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 18:20 on June 13, 2013, the Defendant, while boarding a bus, committed an indecent act on the bus, which is a means of public transportation, when the bus passes through the platform between the Seo-gu public health clinic platform and the platform of the Seo-gu public health clinic, followed by the victim F (V, 24 years old) who is another passenger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of ct v video-recording laws and regulations

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

1. Selection of an alternative fine for punishment;

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

1. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to registration of personal information under Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and Article 16(2) of the Addenda (Amended by Act No. 11556, Apr. 7, 2011) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the order to complete program, the accused becomes a person subject to registration of personal information under Article 42(1) of the same Act pursuant to Article 4(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

In light of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence and seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved therefrom, the preventive effect and effect of the sexual crime subject to registration, the effect of the protection of the victim, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information pursuant to Article 4(1) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012), Articles 42(1) and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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