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(영문) 창원지방법원 진주지원 2019.01.29 2018고단58
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

피고인은 2017. 7. 28. 23:50경 인천지하철 2호선을 타고 B역 방향으로 가던 중 팔짱을 낀 채로 자신의 옆 자리에 앉아 있던 피해자 C(여, 26세)의 옆구리를 손가락으로 수차례 만지고, 오른손으로 배낭을 감싸 안고 왼손을 배낭과 몸 사이로 넣어 손가락으로 피해자의 옆구리 만졌다.

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Investigation report (to hear statements from a victim's telephone and report);

1. Application of investigation reports (verification of CCTVs in guest rooms of Incheon subway 2)-related Acts and subordinate statutes;

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

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

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

1. Where this judgment becomes final and conclusive, the accused who is subject to the registration of personal information under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempted from order to complete program is subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit

In full view of the information disclosure order, notification order, the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order, disclosure order, notification order, anticipated side effects and side effects of the defendant's suffering, prevention of sexual crimes subject to registration that may be achieved due to such order, protection effect of the victim, etc., the defendant shall 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, proviso to Article 49(1), proviso to Article 50(1), and proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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