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(영문) 대전지방법원 2015.01.07 2014고단2011
준강제추행
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

Punishment of the crime

At around 15:53 on March 23, 2014, the Defendant was seated 35 on the 36th seat of an express bus that he was seated and was seated next to that of the Defendant on March 23, 2014.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. Partial entry of the police interrogation protocol of the accused;

1. Application of the police protocol law to C

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information in consideration of the fact that there is no criminal record of the same kind of sentencing reason under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, and the degree of indecent act, etc., the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, an order to disclose or notify personal information, the degree of disadvantage and anticipated side effects to be achieved by the order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall be ordered to disclose or notify personal information.

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