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(영문) 대전지방법원 천안지원 2013.12.13 2013고단1384
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

When the defendant does not pay the above fine, 30,000 won.

Reasons

Punishment of the crime

[criminal power] On October 21, 2013, the Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspension of execution for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Death or Injury resulting from Dangerous Driving) in the Sungnam Branch of Suwon District Court on March 21, 2013, and on March 1, 2013, the above judgment became final and conclusive on March 1, 2013, and is currently under suspension of execution. On October 31, 2011, the Defendant was sentenced to a fine of two million won in the same court.

【Criminal Facts】

On October 15, 2013, at around 06:50, the Defendant committed an indecent act against the victim in a populated public transportation vehicle, such as holding the victim's breast at the victim's clothes above the victim's clothes, holding the victim's breast in a dhigh-speed bus with a seat of 352 km line of the Gyeong-do Highway from Seoul to the river. On October 15, 2013, the Defendant committed an indecent act on the victim's breast in a populated public transportation vehicle, such as holding the victim's breast, by standing in the seat above the victim's e (the age 22).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement of E;

1. A statement on criminal records, etc.;

1. Application of the Acts and subordinate statutes to each investigation report and accompanying documents;

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

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;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; Article 49 (1) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the notification order, the preventive effect against sexual crimes to be registered to be achieved therefrom, the effect of protecting the victim, etc.

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