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(영문) 창원지방법원 2014.09.23 2014고단1496

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

On May 25, 2014, at around 05:22, the Defendant discovered that the victim E (the 26-year-old age-old age-) was born in Da located in Busan Seo-gu C, and committed an indecent act against the victim at soup, so that the victim’s chests and body can only be accumulated behind the female, and that the victim’s chests and body can only be taken over several times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to each investigation report (No. 1 and 3 No. 1 of the evidence list);

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

1. Selection of an alternative fine (such as reflectivity, failure to punish, and absence of the same criminal record);

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 against Order to attend lectures;

1. Where a judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a related agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.