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(영문) 인천지방법원 2014.07.03 2014고단2424

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 22, 2013, around 12:22, 2013, the Defendant discovered the victim E (n, 30 years of age) working on the first floor D of the Dongdaemun-gu Seoul Metropolitan Government Building C, and passed behind the discovery, and the Defendant got her her m, with left hand, only one time.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of CCTV video CDs-related Acts and subordinate statutes;

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

1. Selection of an alternative fine (the first offender, and considering the age, economic circumstances, environment, etc. of the accused);

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that the body of the victim was not disturbed, and according to the macroscopic evidence, the Defendant’s knife’s hand contacted both sides of the victim, it is recognized that the victim demanded the victim to leave the Defendant who entered the toilet after committing the crime, and that the victim demanded the company to leave the toilet. In full view of the above acknowledged facts, the Defendant’s knife, degree of shock, and the location of the Defendant’s knife and the victim’s knife, it is recognized that the Defendant knife and acted as such, and thus, the Defendant’s assertion is without merit.

Where this judgment becomes final and conclusive, 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 head of the competent police office pursuant to Article 43 of the same

However, the disclosure order and notification order of registered information needs to be prudent in that they may have a significant impact on the defendant, and in this case, the defendant is a defendant to some extent only with the registration of personal information.