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(영문) 서울중앙지방법원 2014.09.03 2014고단5256

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

피고인은 2014. 06. 19. 05:00경 서울 중구 C 지하3층 D 사우나에서 피해자1(여, 46세)이 혼자 찜질방내에 누워 있는 것을 발견하고 피해자가 누워있는 반대방향으로 다리를 뻗어 자신의 발로 피해자1의 좌측다리 부위를 비볐다.

계속하여 피고인은 피해자2(19세)가 수면실에서 잠을 자고 있는 틈을 타 자신의 발로 피해자2의 발 부위를 비볐다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on the mother of the victim 1, 2, and 2;

1. Each written statement of the victim and two copies of the victim;

1. Previous convictions in judgment: Criminal records, personal identification and confinement status, application of a copy of judgment, and statutes;

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

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had a record of being punished for the same kind of crime, in addition, the defendant committed the crime in this case against two victims under the same method: Provided, That the extent of indecent act by each of the crimes in this case is relatively weak, the defendant is led to confession and reflect, the defendant is taking into account the defendant's age, character and behavior, occupation, method of crime, circumstances before and after the crime, etc., and where the conviction of the defendant against the crime in this case, which is a sex crime subject to registration of personal information, becomes final and conclusive, 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 related

An order of disclosure or notification.