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(영문) 의정부지방법원 고양지원 2014.11.14 2014고단1994

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On June 21, 2014, around 07:30, the Defendant committed an indecent act on the part of the victim E (the age of 17) who was divingd in the “Drata” room, which is a place where the general public located in Goyang-dong, Mangdong-si C, Goyang-si, the Defendant committed an indecent act on the part of the victim as he was in charge of the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on statement to E;

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 (1) 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. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., in full view of the Defendant’s age, occupation, risk of repeating a crime, the type of the crime in this case, consequence, and seriousness of the crime, the disclosure order or notification order, the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances that the disclosure or notification of personal information shall not be ordered pursuant to

The reason for sentencing shows the degree of the indecent act in this case, the defendant paid the agreed amount to the victim, the attitude against the victim is the primary offender who has no criminal record, and the defendant's age, character and conduct, family relationship, and criminal records.