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(영문) 대전지방법원 2014.11.12 2014고단3106
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 7. 20. 22:52경 서울 강서구 화곡동에 있는 까치산역 버스정류장에서 6628번 시내버스에 탑승한 후 같은 동에 있는 백구사 버스정류장에서 내릴 때까지 탑승객이 많아 복잡한 틈을 이용하여 피해자 C(여, 16세)의 엉덩이에 피고인의 성기를 밀착하고 약 5분간 비볐다.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The screen of the CCTV on the bus, the use of the card on board, the details of the use of the bus, the details of filling and the details of the use of the bus, and a written confirmation;

1. Application of Acts and subordinate statutes to a written agreement;

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

1. Article 62 (1) of the Criminal Act;

1. Where a conviction of a sexual crime subject to registration of personal information is finalized in light of the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and agreement with the victim, and the degree of indecent act, 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 the accused is obligated to submit personal information to a related agency pursuant to Article

In full view of the defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved therefrom, and the effect of the protection of the victim, there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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