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(영문) 대전지방법원 천안지원 2015.02.06 2014고단1579
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

On August 29, 2014, the Defendant was accompanied by the victim C (V, 25 years of age) at a gold-speed bus operated from the Cheongju to the ceiling.

At around 20:00 on the same day, the Defendant committed an indecent act on the victim in a high speed bus, which is a place where the public is concentrated, with the view of the victim’s bridge seated on the side by viewing the victim’s bridge seated on the side at a point no later than 50,000-ro, Dong-gu, Dong-gu, Dong-gu. 20 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to field photographs and CCTV screen pictures;

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

1. The sentence identical to the order shall be determined in consideration of all the sentencing factors indicated in the pleadings, such as the fact that the degree of indecent act is relatively insignificant in light of the physical contact with the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the fact that the defendant has no criminal record of the same kind or of suspended execution, and that

Where a conviction becomes final and conclusive on a sex crime subject to the registration of personal information, 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 personal information to the head of a competent police office pursuant to Article

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the Defendant’s age and occupation, risk of recidivism, the type and motive of the crime in this case.

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