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(영문) 창원지방법원 2016.05.03 2015고단3269

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 3, 2015, around 21:50 on August 3, 2015, the Defendant discovered that the victim F (n, 22 years of age) sees a public performance at a performance hall in the E beach located in Busan Shipping Daegu C, and that the victim F (n, n, 22 years of age) sees a public performance, and committed an indecent act against the victim at a densely-populated place by putting the Defendant’s sexual flag out of panty, taking the Defendant’s sexual organ out of the back, and committing the Defendant’s sexual intercourse against the Defendant’s sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the photographic 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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

1. Where a judgment becomes final and conclusive on the registration of personal information in accordance with Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall be a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the obligation to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1)

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order for disclosure or notification of personal information is not issued.