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(영문) 춘천지방법원 강릉지원 2014.07.10 2014고단479

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On August 15, 2012, the Defendant: (a) 01:20 on August 15, 2012, at the place of the “C” entertainment drinking club hall located in Gangnam-si B, found the mixed dancing; (b) found the victim D (n, 20 years of age) who was dancing on the side; (c) her hand showed the victim’s negative part; (d) her fingers the victim’s chest with the victim’s finger; and (e) committed indecent act against the victim in a place where rains, etc. are concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Application of Acts and subordinate statutes to written statements made to victims of DNA;

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

1. Articles 70 (1) 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused 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 competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the prevention and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure or notification of registered information is determined that there are special circumstances that need not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) proviso 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) proviso of the Act on the Protection of Children