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(영문) 대전지방법원 공주지원 2016.04.15 2015고단355
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 12, 2015, the Defendant served at a high-speed terminal in Seoul around September 20, 2015 to an official week terminal.

C 버스에 탑승하여 가 던 중, 옆자리에 앉은 승객인 피해자 D( 가명, 33세, 여 )를 추행하기로 마음먹고, 팔짱을 낀 상태로 왼손을 뻗어 갑자기 피해자의 허리와 가슴을 만진 데 이어, 치마 속으로 손을 넣어 허벅지를 만지고, 다시 손을 치마 위에 얹어 음부 부위를 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

112 Application of Acts and subordinate statutes concerning the handling of reported cases, and the communication between the victim and male-gu;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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 against the defendant on the criminal facts in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to 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.

Since it is judged, it is ordered to disclose to the defendant.

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