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(영문) 수원지방법원 안산지원 2016.06.22 2016고단380

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

around 04:30 on January 17, 2016, the Defendant discovered the victim E (nive, 34 years old) who was divingd in the mountain fire fighting, committed an indecent act by committing an indecent act against the victim E by taking care of the victim E by taking care of the victim’s hand, and discovered the victim F (nive, 41 years old) who was divingd in the water surface room at the same place as above at around 04:50 on the same day, and committed an indecent act by taking care of the victim’s chest by taking care of the victim’s hand.

Accordingly, the Defendant committed an indecent act against 2 victims in the private house, which is a densely concentrated place for the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (in cases where damage has not yet been recovered even if damage has not yet been recovered, the confession and reflect of the defendant, and the fact that the defendant is the first offender, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (no disclosure and notification of personal information shall be made, taking into account the initial crime, family relations, and the outlines) of the Act on the Protection of Juveniles against Sexual Abuse, where a conviction against a defendant is finalized on each of the facts constituting a sex offense subject to registration, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same