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(영문) 광주지방법원 2016.12.02 2016고단4442
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

피고인은 2016. 5. 17. 20:10경 광주시 북구 B에 있는 C 앞 버스정류장에서 D 시내버스에 승차하여 그 곳에 있던 피해자 E(여, 21세)를 보고 추행할 것을 마음먹고, 피해자에게 접근하여 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 to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to black stay images taken by a suspect A at the time of boarding a bus);

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. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a defendant’s wrong recognition of his/her misconduct); the defendant’s age, family environment and social ties; records, details and motive of the crime; the method and consequence of the crime; the degree and anticipated side effects of the defendant’s disadvantage due to the disclosure order or notification order; the preventive effect of the sexual crime subject to registration that can be achieved; the victim protection effect; thus, the defendant shall not be ordered to disclose or notify personal information; and the defendant’s age and degree of indecent act as stated in the grounds for sentencing; the defendant’s age, character, family relationship, motive and consequence of the crime after the crime.

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