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(영문) 울산지방법원 2014.07.17 2014고단1017

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

At around 07:30 on March 16, 2014, the Defendant found the victim E (the age 21) who was divingd by making soup and making soup from the floor of the Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro

Accordingly, the Defendant committed soup at soup, which is a place of public gathering, indecent act on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment to a visual closure photograph);

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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

1. Although the nature of the crime is not exceptionally applied by making soup to the sentencing ground of Article 334(1) of the Criminal Procedure Act to women who were diving in the sentencing period, it shall be sentenced to a fine of a reasonable amount by taking into account the following: (a) the victim did not want punishment for the defendant; (b) the victim did not have been punished for the last ten years; and (c) there was no criminal record of the same kind of crime; and (d) the fact that the victim reflects the fact that the risk of recidivism is recognized, and thus, the risk of recidivism is recognized, and therefore, the order shall be determined by adding the order to complete the sexual assault treatment program.

Registration of Personal Information

1. Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be submitted (where a conviction becomes final and conclusive on the basis of an alleged crime);

1. Whether to issue an order to disclose information: Articles 47, 49, and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes that have no special reason to issue such order;