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(영문) 서울북부지방법원 2013.11.01 2013고단2054

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 16, 2013, at around 22:50, the Defendant discovered the victim D (23 years of age, female), victim E (21 years of age, female), victim F (22 years of age, female), and caused the victim’s desire to do so in a timely manner, and committed an indecent act against the victims at a public gathering place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F, E, and D;

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

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

1. The Defendant alleged that the Defendant was in a state of mental and physical disability under the influence of alcohol at the time of committing the instant crime. As such, the Defendant was aware of drinking at the time of committing the instant crime, but did not have the ability to discern things or make decisions due to such fact.

Since it seems that it did not seem to have reached a state or weak, the above assertion is rejected.

Where a judgment of conviction against a defendant on a 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 relevant agencies pursuant to Article 43

The age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the victim.