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(영문) 수원지방법원 안산지원 2013.04.24 2012고단2678

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2012. 11. 21. 08:00경 안산시 단원구 D빌딩 8층 'E스파랜드' 남자 수면실에서 잠을 자고 있던 피해자 F(19세)의 얼굴을 입으로 핥고, 배 위에 올라타 몸을 위아래로 움직이고, 피해자의 손을 잡아 자신의 성기를 만지게 하는 등 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the instant photograph-related Acts and subordinate statutes

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

2. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act in depth is divided into his/her mistakes and there is

3. Where a judgment to submit personal information becomes final and conclusive under Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to complete Training, the accused is a person subject to registration of personal information pursuant to Articles 32 (1) and 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to

However, an order to disclose or notify the registered information needs to be careful in that it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that may not disclose the registered information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant. Thus, it does not issue an order to disclose or notify the registered information.

Public Prosecution Rejection Parts

1. Around 06:00 on November 21, 2012, the Defendant committed an indecent act against the victim’s her turb and her sexual organ by taking advantage of the victim C(17 years of age)’s turb and her sexual organ, who was in the 8th floor of “Espland” of the Maspland of the members of Ansan-si, Ansan-si.

2. The above facts charged constitute Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.