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(영문) 수원지방법원 2013.12.19 2013고단6438

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 03, 2013, 05:05, the Defendant, at the joint inland waters of 'C' located in Suwon-si, Suwon-si, Suwon-si, D(26 years old), and 24 years old, followed up to the victim E(the age 24 years old), followed up the victim's bridge to the victim's bridge and entered into the victim's bridge.

Accordingly, the defendant committed an indecent act against the victims at a public gathering place.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of the Acts and subordinate statutes to photograph suspects;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting an offense indicated in the judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the same Act, and the accused is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a 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 a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims of the sexual crime, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection

The defendant with reasons for sentencing is in the branch court of Suwon District Court on October 28, 2009.