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(영문) 대구지방법원 서부지원 2013.09.12 2013고단908

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 25, 2013, at around 12:30 on June 25, 2013, the Defendant committed an indecent act by force against the victim, such as taking advantage of his bridge behind the victim D (the age of 16) who was divingd at the ice bank of the Kabae 8th floor of the Daegu-gu B building, Seogu, Daegu-gu B building, and raising the victim's body above the victim's body and making it possible for the victim to take part in the victim's hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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

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

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit 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 a related

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information in light of a comprehensive consideration of the following: (a) the Defendant is an initial offender who has no record of the crime; (b) the Defendant has a deep sense of liability for the offense against the victim; (c) the Defendant is seriously against the victim; (d) the extent and expected side effects of the Defendant’s entrance due to an order to disclose or notify the information; (e) the degree and effect of a sexual crime subject to registration that may be achieved therefrom; and (e) the effect of the protection of the victim.