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(영문) 의정부지방법원 2014.03.24 2014고단187

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 05:40 on October 27, 2013, the Defendant committed an indecent act against the victim three times in the same manner, such as by inserting his/her hand and rhying his/her hand on the part of the victim D (the age of 25) who was locked in the “Cariba” joint resting room for both men and women, and writing and rhy his/her hand on the part of the victim.

In light of the elements of Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, it is reasonable to delete the term "voluntary" and it is not disadvantageous to the defendant's exercise of his/her right to defense.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the criminal records on which the defendant was sentenced to suspended sentence due to sexual crimes in around 2005, the fact that the defendant did not agree with the victim is unfavorable under the unfavorable circumstances, the defendant's awareness of the fact of the crime and reflects the fact that the defendant was committed, and the extent of the indecent act is not severe under the favorable circumstances. The punishment should be determined by comprehensively taking into account all the conditions of sentencing, including the means and results of the crime in this case, the circumstances after the crime,

Inasmuch as a judgment of conviction was rendered against a defendant who has registered personal information as a result of a crime, if this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the relevant agency

The defendant's age, occupation, and exemption from the disclosure order or notification order;