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(영문) 의정부지방법원 고양지원 2018.10.04 2018고정572

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

The defendant is a third degree of intellectual disability, and a person who does not have a common sense with victims.

On September 9, 2017, the Defendant committed an indecent act in a densely-populated place, such as: (a) the victim D (defing, ging, ginging, ginging, ginging, ginging, ginging, ginging, ginging, ginging, ginging, ging, ging, ginging, ging, ging, ging, ging, ging, ging, ging, ging, ging, ging, ginging, ginging, ging, ginging, ging, ginging, ging, ging, ging, ging, ging, ging, ging, ging, ging, ginging at the clothes of the Defendant.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes to one investigation report (an investigation of "F" contributed by a suspect or mother) on police statements made by each police officer in E (tentative name) and D (tentative name)

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [no record of criminal punishment exists, and in this case, personal information and the completion of sexual assault treatment programs can prevent a defendant from repeating a crime to a certain extent;

Comprehensively taking account of all the circumstances, such as the fact that the defendant's personal information can not be disclosed or notified, there are special circumstances.

[Determination]

1. Where a conviction of a defendant who has registered personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is finalized;