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(영문) 청주지방법원 2015.04.24 2014고단1165
성폭력범죄의처벌및피해자보호등에관한법률위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On May 21, 2014, around 07:58, the Defendant moved to a city bus No. 831 at the bus stop at the Young-gu Community Service Center located as a part of the Young-gu Movement Stacking Land in the Cheongju City, and around 08:03 on the same day, the Defendant got off the bus at around 08:03 on May 21, 201, at the time when the said city bus was operated from the bus stop located in the Young-gu, U.S., U.S., which is located in a considerable radius of the same gender of the same Gu, to the bus stop at the seat of the same Gu, the Defendant got off the victim C (n, 18 years old) who was aboard the said city bus at hand.

Accordingly, the defendant committed an indecent act against the victim at the city bus which is a means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement of C;

1. Application of CCTV photographs and investigative reports (to be accompanied byCCTV images)-related Acts and subordinate statutes;

1. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment.

1. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

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

1. The defendant shall be sentenced to the same punishment as the disposition in consideration of all the circumstances shown in the arguments of this case, including the contents and degree of the indecent act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the background of the indecent act, the circumstances after the crime, the first offender, and the fact that he is the deaf or the mute of Grade VI in the hearing of this case

When a conviction on a sex offense subject to registration of personal information becomes final and conclusive, the defendant shall become a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information to the competent agency as prescribed in Article 43

The defendant exempted from the order to complete a program, the disclosure order, or the notification order has a very difficult condition to communicate normally with persons with disabilities of Grade VI with hearing impairment, and the age, occupation, power, risk of repeating the crime of this case, and the type, motive, and process of committing the crime of this case shall be comprehensively considered.

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