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(영문) 전주지방법원 2018.05.25 2018고단397
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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 January 12, 2018, the Defendant is a passenger of the electric train of X-ray D (No. 6 tea No. 40) between 12, 2018 and 21:31.

At around 22:00 on January 12, 2018, the Defendant committed an indecent act against the victim by putting his/her left hand in a cover of No. 6 tea No. 39 (on the hold side) and attempting to detect and commit an indecent act against the victim E (the age of 23) while the said train was operated in the front line. The Defendant committed an indecent act against the victim by putting the victim’s right hand hand over to a cover of the buck box with his/her hand and hand over.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. That it is unlikely that the defendant may repeat the crime even after he/she was punished as the case in light of various circumstances, such as the background and degree of the indecent act committed by the defendant in the disclosure of registered information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Since the Act on the Protection of Children and Juveniles against Sexual Abuse does not order the disclosure of registered information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1).

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