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(영문) 서울서부지방법원 2013.11.06 2013고단1668

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 30, 2013, at around 05:00, the Defendant discovered the victim E (23 years of age, women) who was diving in front of earth and sand in the area of “D Mana,” which is a public densely concentrated place in Mapo-gu Seoul Metropolitan Government, and brought the victim’s hand into the area of earth and sand that he/she is his/her own.

Therefore, the victim, who was divingd, kidddd by the male-friendly body that was diving in the earth so that he she was locked into the earth so that he she was able to take the finger by the inside of the victim, boomed the breast, cut the son into the part of the defendant, cut the son into the part of the defendant, and let the victim take the part of the victim to have the sexual organ of the defendant.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each police statement of E;

1. Scenes map of the case site and photographs of the case site;

1. Application of Acts and subordinate statutes to report on investigation (suspect status);

1. Where a judgment on the registration of personal information under Article 11 (Selection of Imprisonment) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) against a crime becomes final and conclusive, the defendant 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 a competent agency under Article 43 of the same Act.

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of re-offending) on the defendant's military force.

Although the defendant denies all of the crimes, it is judged that the victim stated in the court and the F, who committed the crime, have very specific and consistent, and the physical characteristics of the defendant who is difficult to easily understand by others are also accurately stated, and thus, the charges of this case are guilty.

Sentencing.