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(영문) 부산지방법원 서부지원 2018.02.19 2017고단1574
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

Where the defendant fails to pay the above fine, ten days shall apply.

Reasons

Criminal facts

On April 18, 2017, around 17:26, the Defendant committed an indecent act against the victim in a place where the public is concentrated, by holding the victim's right hand hand over in the back seat of the victim D (n, 20 years of age) in Busan Metropolitan City bus C, which has come to the front seat of the bus and making the victim's right hand over the front seat to the lower part of the bus, and making the victim's right hand over the left part of the bus.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. As a result of a search and inspection warrant;

1. The application of the Acts and subordinate statutes to CCTV images in the bus and CCTV CDs in the bus [the defendant alleged that there was no indecent act against the victim at the time and place in his/her ruling, but in full view of the consistent, detailed, and detailed statements in the victim's investigative agency and this court, and the fact that the victim's CCTVs in the bus with the seat at the time of the instant case and the fact that it is confirmed that the victim was carrying the seat at the seat at the time of the instant case and confirmed the movement of the seat immediately, it can be recognized that the defendant committed an indecent act against the victim

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment that requires the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to 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 personal information to the competent agency pursuant to Article 43 of the same Act.

The age and occupation of the defendant exempted from the disclosure order or notification order, the degree of risk of recidivism, the motive, process, results, and seriousness of the crime of this case, and the degree of disadvantage suffered by the defendant due to the disclosure order or notification order.

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