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(영문) 대전지방법원 2013.11.20 2013고단3500
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who commutes to and from work by a regular boarding ticket.

On July 8, 2013, the Defendant committed indecent act on the victim C (V, 21 years old) who was sitting in the back of the 14th calendar direction and travel between Seoul and Busan, and was sitting in the side of the train at the end of the 17,18th seat of the designated passenger of the passenger who was boarding and possessing a regular boarding ticket in the Seoul FTX (KTX), which started from July 19, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of boarding passes;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where the registration of personal information and the conviction of the accused against the sex crime subject to registration becomes final and conclusive in regard to the facts constituting an indecent act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, such as place of an indecent act on the grounds of sentencing, father and degree of the offense, motive of the offense, and the primary offender, etc., 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 is obligated to submit

When comprehensively taking into account the defendant's age, occupation, criminal record, part and degree of indecent act, motive and circumstance of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the prevention and effect of the sex crimes subject to registration which can be achieved.

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