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(영문) 부산지방법원 2019.11.28 2019고단3985
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 13, 2019, the Defendant was lowered from the train No. 1773, 1773, Daegu-gu, Busan-gu, Busan-gu, Busan-gu, and was lowered from the C Station.

The Defendant reported the victim D (n, 20 years of age) in front of the Defendant, who was going to the direction of the large-scale room, followed by the victim, followed by the victim, and the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the Defendant committed an indecent act against the victim in the train where the public is concentrated.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. CCTV CDs for committing a crime;

1. E-ray transmission photographs;

1. Photographs of a victim's mobile boarding pass;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

5. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, the defendant constitutes 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 personal information to the competent agency pursuant to

The defendant's age, occupation, family environment, social relationship, risk of recidivism, motive for the crime of this case, method and result of the crime, the degree of disadvantage and anticipated side effects of disclosure or notification order.

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